Huh? Gay Marriage Foes Launch New Bid To Stop Mass. Weddings

[Lee]

(Boston, Massachusetts) A federal appeals court in Boston Monday was asked to stop same-sex couples from marrying and to rule those marriages already performed to be null and void.

The suit was filed by a Florida-based conservative Christian law firm on behalf of a group of Massachusetts lawmakers and several anti-gay political action organizations.

It contends that the Supreme Judicial Court overstepped its bounds when it ruled last year that state laws preventing same-sex marriage violated the Massachusetts Constitution. The court gave the state until May to amend its laws or have the heterosexual definition of marriage declared invalid.

As of May 17, same-sex couples began legally marrying in Massachusetts. (in depth coverage)

Mat Staver, a lawyer for Liberty Counsel told the Federal Court of Appeals that under federal law only the legislature has the right to change the definition of marriage, not the courts.

Staver pointed to efforts already underway in Massachusetts to amend the Commonwealth's Constitution to bar same-sex marriage. In March, a joint session of the legislature passed legislation on the wording of the proposed amendment. (story) It needs to pass again in the next session of the legislature and then be approved by voters. The earliest that could be done is in 2006.

Staver told the court that if the marriages are allowed to continue and then be declared illegal in 2006 there will be mass chaos in the state over issues of child custody, benefits and tax filings.

The Massachusetts Attorney General's Office, representing the Supreme Judicial Court and its justices, maintains the case does not belong in federal court because the Supreme Judicial Court made its ruling based on an interpretation of the state constitution.

Liberty Counsel, acting for the same groups, were denied a request in May, just before the first gay marriages took place, to block the issuing of licenses to same-sex couples. (story)

Following today's arguments lawyers for GLAD the Boston LGBT advocacy group that won the landmark SJC decision said they were confident that the Court of Appeals would reject the suit.

"This lawsuit was one of several last ditch attempts to stop marriage for lesbian and gay couples that were all resoundingly rejected by the courts," stated Mary L. Bonauto, the GLAD attorney who was lead counsel in the SJC litigation.

"This case had no merit before May 17 and it has no merit after May 17. The plaintiffs' claims here simply dress up state law arguments against Goodridge that were rejected by the Supreme Judicial Court and attempt to masquerade them in federal court as new federal claims. The federal courts have not been fooled by this," she added.

http://www.365gay.com/newscon04/06/060704massAppeal.htm

So if i am reading this right they (the Mass. law firm) realized they couldnt get anything stopped in Mass. so they went out of state to get it done?

Is it just me or is that a crazy assed way of doing things?

Regards,

Lee

[basschick]

wow - what priorities!

our country is rife with homeless people, molested and heavily abused children, wife beating is higher than most people realize, and our education system is getting worse and worse, plus we're in a war - so we'd better get out there and worry about some people getting married!

[Jason]

Originally posted by basschick
wow - what priorities!

our country is rife with homeless people, molested and heavily abused children, wife beating is higher than most people realize, and our education system is getting worse and worse, plus we're in a war - so we'd better get out there and worry about some people getting married!

I am SO with you on this...however, I do want to add one thing. I think that the above mentioned problems worry more people than you might think. However, it is my experience that most people find them too evil, too insurmountable, too out of control to do anything about. People feel helpless and those who suffer those evils feel victimized. Nobody likes to feel like a helpless victim. So instead of admitting that no one person can do anything to solve those problems, that we might band together to make a change, people turn a blind eye and hold out hope for some sort of savior. Instead of recognizing that we've been victimized, making ourselves vulnerable and growing beyond that base level of human instinct, we choose to bury the hurt, guilt and shame. We choose to repeat those cycles out of fear, out of ignorance and out of a longing for control, no matter how falsely perceived.

It truly is an exceptionally corageous few who break out, lead and change ways of living for entire populations. My most sincere gratitude and admiration go out to those who have the strength to live by their convictions, without condemning others for differing opinion. Those who refuse to accept anything simply because that's the way it has always been, and blaze a new trail.

[basschick]

maybe instead of feeling helpless about these things, people should

a. write to their congress persons

b. VOTE

c. get others to vote

d. find out what one can do to help change these things and do so. contribute money, food, your time, or some other method.

i'd feel bad for them, but all these people i know who feel helpless lead us to MORE problems. also their denial leads to feelings of aggression or depression - and who is that going to help?

[Jason]

I thoroughly agree....I certainly don't think it's right either. But that's exactly why the cycle is self perpetuating.

I don't think it's a concious decision to ignore life.

And I certainly don't feel bad for those circumstances myself. I was simply trying to point out another point of view that might shed some sort of light on understanding the unwillingness of MILLIONS to even ATTEMPT to make the world a better place.

Mob mentality can be the most destructive, evil weapon known to man.