Federal Lawsuit Filed to Stop Same-Sex Marriage in Massachusetts

ANN ARBOR, Mich., May 10 /U.S. Newswire/ -- With only a week remaining until same-sex couples will be allowed to legally marry in Massachusetts, the Thomas More Law Center and several other pro-family groups have opened up a new front by filing a federal lawsuit claiming that the Massachusetts Supreme Judicial Court exceeded its authority by redefining marriage thereby violating the U.S. Constitution's guarantee of a republican form of government.


The Thomas More Law Center joined Liberty Counsel, Citizens for the Preservation of Constitutional Rights, and AFA Center for Law and Policy in asking a federal judge to stop the enforcement of Goodridge v. Department of Public Health (news - web sites), the decision which legalized so called "same-sex marriage."


Under the Massachusetts constitution, it is the role of the legislature and not the courts to define marriage for the Commonwealth. By accepting jurisdiction to hear the Goodridge case in the first instance and by redefining marriage to permit same-sex couples to marry, the Massachusetts high court exceeded the powers granted it and thereby violated the federal constitutional guarantee that prevents one branch of government from acting above the law.


According to the lawsuit, the judicial activism that produced this decision violates the federal constitutional guarantee of a republican form of government. The Guarantee Clause of the U.S. Constitution states that "The United States shall guarantee to every State in the Union a Republican Form of Government." This constitutional provision serves to prevent the accumulation of excessive power in any one branch of government thereby reducing the risk of tyranny.

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more:http://story.news.yahoo.com/news?tmpl=story&cid=669&ncid=669&e=11&u=/usnw/20040510/pl_usnw/federal_lawsuit_filed_to_stop_same_sex_marriage_in_massachusetts151_xml

merit right away. Of course it is the State Court's responsibilty to ensure that of that states citizens are treated equally, which is what that decision was about.

These people are never satified, if they can't meddle in someone elses life.

...brought under the 'republican form of government' clause that actually went anywhere, ever?

It's the last refuge of the con-law scoundrel.

And the irony of the Talibornagains, who control all three branches of the Federal government attacking the 'accumulation of excessive power' in a single branch of a single state government is thick enough to spread with a knife.

Did I mention I hate these fuckwits?

That's the whole point of having courts - citizens have a way to challenge and/or change the law when state and federal legislatures avoid controversial issues for political reasons.

he doesn't have to pass this. Thank God I didn't
vote for bushlite..He has a Democratic Attorney
General who has told him bluntly "shove it". I
can't believe he got in, it sure wasn't because
of my area. But then again I live in the commie
bastion of Mass. and we "ignore" Boston and points
ease, south and North, he's a damn carpetbagger. He
is also trying to get rid of Section 8 for the
poor who rent.

You have my sympathies. I hope you can get rid of him when he's up for re-election. By the way, I never heard him called "Mittens" before - that's pretty funny. :evilgrin:

I can't help but wonder ... where were all these champions for the "republican form of government" when the Supreme Court appointed a president? :eyes:

What happened to the "conservative" party?

They have become a satire of themselves.

http://www.wgoeshome.com

President Bush Calls for a Constitutional Amendment to Protect Americans from Republican – Appointed Judges and a Member of His Own Administration.

Right wingers have repeatedly blasted the "liberal" MA Supreme Judicial Court (SJC) for taking an "activist" position on the gay marriage issue. The American people might appreciate knowing that six of the seven judges on this “liberal, activist court” were put there by two Republican governors: Paul Cellucci (who nominated four of the seven justices) and William F. Weld (who nominated two of the seven judges). Cellucci, who is currently a member of the Bush administration (he is the US Ambassador to Canada, nominated to that position by President Bush), is also the one responsible for elevating the Supreme Judicial Court’s Chief Justice to her current position. Listed below are the Court’s members and who appointed them.

Chief Justice Marshall
Appointed 1996 by Republican William F. Weld. Named chief justice by by then Republican Governor and current Ambassador to Canada, Paul Cellucci. Cellucci was appointed to his current post by President Bush.

Justice Cordy
Appointed February, 2001 by then Republican Governor Paul Cellucci.

Justine Cowin
Appointed 1999 by then Republican Governor Paul Cellucci.

Justice Ireland
Appointed 1997 by the Republican Governor William F. Weld

Justice Sosman
Appointed 2000 by Republican Governor Paul Cellucci.

Justice Spina
Appointed October 1999 by Republican Governor Paul Cellucci.

Justice Greany
Appointed 1989 by the Democratic Governor Michael Dukakis.

This information was taken from the following web page:
http://www.state.ma.us/courts/courtsandjudges/courts/supremejudicialcourt/justices.html

Please don't post press releases masquerading as news without telling people that they are such. This is from PR newswire, and it was released, most likely, by this anti-gay foundation.

which btw are permitted in LBN. ;)

But maybe they'll just make it up as they go along like they did in Bush v. Gore