(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