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Massachusetts Supreme Court to Reconsider Same-Sex Marriage "
Alexandria Samuel at 10:51 AM, Friday, February 11, 2005
"(JURIST) The
Massachusetts Supreme Judicial Court (official website) has agreed to hear oral arguments on a request to block the court's May 17, 2004 ruling in
Goodridge v. Department of Public Health (.PDF format) that legalized
same-sex marriage (JURIST Hot Topic news archive) in the state. The appeal, filed by
The Thomas More Law Center on behalf of C. Joseph Doyle, the executive director of the Catholic Action League of Massachusetts, calls for the decision on this issue to be determined by the 'democratic processes outlined in the Commonwealth's Constitution rather than by the (court).' The decision to hear the appeal comes one week after the New York State Supreme Court ruled that state's ban on same-sex marriage
violated the state constitution (JURIST coverage). CNSNews.com has
more."
. . . more . . .
http://jurist.law.pitt.edu/paperchase/2005/02/massachusetts-supreme-court-to.php
The Massachusetts Supreme Judicial Court (SJC) is wise to allow this petition to go forward as it is. Why?
Why do I say that? Because tis far wiser to allow this to be heard, to be presented, to be argued before the SJC so that the SJC may write its opinion for all to read and understand that these persons were given an opportunity to be
heard and have had their "fair hearing" before the highest court in Massachusetts. In doing so, I believe that the SJC will "get rid" of this so-called lingering matter as its being presented and argued by the Catholic Action League of Massachusetts that the "(t)he citizens of Massachusetts have a constitutional right to be heard on this issue, and now they will have that opportunity." (
http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%5C200502%5CCUL20050211a.html)
Strange, indeed, that the Catholic Action League of Massachusetts believes it has speech and has legal issues to present before the SJC for all Massachusetts citizens.
That being said, it's telling that the SJC did not allow this petition to be heard in an expedited manner as it was requested by the Catholic Action League of Massachusetts back on April 20, 2004 when it requested that the SJC "put the entire Goodridge decision on hold" as well as other requests, all denied at that time but to be heard at this time almost one year later. (
http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%5C200502%5CCUL20050211a.html)
Why do I say that it's "telling?" Because the SJC has allowed marriages to take place. Valid marriages. Valid marriages are not to be taken lightly nor dismissed nor revoked nor invalidated. Those valid marriages are the same-sex marriages of many gay couples across Massachusetts. Common sense as well as legal experience says that what the Court has put into place, two times in two separate opinions, the Court will not take away, particularly when such fundamental rights to marry are found in the Massachusetts constitution regardless of sexual orientation.
5/17/04 Pro-Same-Sex Marriage Posters on Boston City Hall Plaza as the first gay couples apply to Boston City Hall for marriage licenses.