Massachusetts lawmakers seek reversal of marriage ruling

[freetobegay]

Thirteen Massachusetts legislators asked the state's highest court on Tuesday to reverse its November decision legalizing same-sex marriage, a ruling that the same court reaffirmed in February. The lawmakers, represented by the conservative American Center for Law and Justice, argued that the supreme judicial court lacked jurisdiction in the case under the state constitution. Instead, they said, it is the legislature and governor who are entitled to determine marriage laws. "We all believe the courts went beyond their authority," said Rep. Robert Correia. "I want a court that's going to operate under the laws of the commonwealth." Attorney Mary Bonauto, who represented seven gay couples in their landmark quest for marriage rights, said the question of jurisdiction had been raised when the case was decided by a superior court judge in 2001, when the high court heard arguments in 2003, and when the same court reaffirmed its decision in February. "And there's a reason it's gone nowhere: It has no merit," Bonauto said. "The court always has the power to review and decide whether the legislature or executive has overstepped its boundaries."

http://www.advocate.com/new_news.asp?ID=12228&sd=04/28/04

SNIP

Sheesh! These people just don't know when to give up! When did the courts stop having jurisdiction over peoples rights?

[sniffa]

1. much ado about nothing

this is just grandstanding now. this same suit has been brought twice, and the 'activist judges' ruLed against.

asshoLes

[dedhed]

2. Rep. Robert Correia needs to review Civics 101...

From uscourts.gov...

The federal courts often are called the guardians of the Constitution because their rulings protect rights and liberties guaranteed by the Constitution. Through fair and impartial judgments, the federal courts interpret and apply the law to resolve disputes.

This definition, of course, also applies to state courts.

To have "a court that's going to operate under the laws of the commonwealth" would be completely bass-ackwards. The sad part is, people like Correia already know that, but will forsake the Constitution to satisfy their own biases.