In a spirited debate that touched on topics ranging from slavery to the Progressive Era in American politics, supporters of same-sex marriage yesterday urged the state’s highest court to disqualify a controversial ballot question to ban gay matrimony starting in 2008.
A lawyer for Gay & Lesbian Advocates & Defenders argued before the Supreme Judicial Court that Attorney General Thomas F. Reilly, in approving the ballot question, flouted a provision in the state constitution that blocks citizen-generated questions seeking the ”reversal of a judicial decision.” The SJC legalized gay marriage in Massachusetts in November 2003.
The provision clearly meant that ”the people shouldn’t be able to directly attack an SJC decision,” said Gary D. Buseck, legal director at GLAD. ”They shouldn’t be able to have a referendum on that decision.” The provision was passed at the Massachusetts Constitutional Convention of 1917-1918, which authorized ballot questions.
But Peter Sacks, the lawyer for Reilly’s office who wrote the September decision certifying the ballot question, countered that the provision dealt with attempts during the Progressive Era a century ago to overturn unpopular court rulings by going directly to voters. That is different, he said, from the proposed gay marriage ban, which would change the constitution itself by defining marriage as strictly the union of a man and a woman. The drafters at the Constitutional Convention were ”very clear that the people should be the masters of their own constitution,” Sacks said.
The arguments before the court dealt with complicated and arcane constitutional questions. But the court’s ruling, which Buseck said may come in four to six weeks, could have profound implications for Massachusetts politicians as well as for citizens on both sides of the gay marriage debate…
…If the measure passed, it would not undo same-sex marriages that have occurred since May, 17, 2004, as a result of the high court’s landmark decision. But it would halt further same-sex marriages.
Jonathan Saltzman
via Boston.com (Online edition of the Boston Globe)
Analysis:
It seems that even in the liberal bastion that is the state of Massachusetts, there are many who disagree with the supreme court of that state allowing same sex marriages. In fact, about 123,000 registered voters signed the petition to bring the issue to a popular vote.
It is the liberal government (and a reactionary judicial system) that is championing the move to legalize same sex marriage. It is sad when the leaders of a people lead in the path to apostasy and immorality. It is truly sad, but unfortunately it is not all that uncommon. Zephaniah wrote of the leaders of Jerusalem being guilty of such sinful rebelliousness, “Her princes in her midst are roaring lions; Her judges are evening wolves that leave not a bone till morning. Her prophets are insolent, treacherous people; Her priests have polluted the sanctuary, they have done violence to the law” (Zephaniah 3:3-4).
May God give us leaders who will stand for what is right, and lead our people in the way of godliness… before it is too late for this nation.
