November 30, 2004

Supreme Court (non)decision

High court won't review Mass. gay marriage law.

The Supreme Court sidestepped a dispute over gay marriage on Monday, rejecting a challenge by conservative groups to the status of Massachusetts as the only state that sanctions same-sex marriages.

Justices had been asked to overturn a year-old decision by the Massachusetts high court that legalized gay marriage. They declined, without comment.
They ducked.

It appears that gay marriages in Massachusetts will remain legal for the foreseeable future. The legislators and voters of Mass. can still change this with a constitutional amendment, but the process is complicated. IIRC, an amendment has to pass in two consecutive legislatures before going to the people for a vote.

I'm happy with the outcome of this non-decision, but I really don't like the method for getting there. My fear is that judicial impositions will cause a backlash, e.g., the amendments passed in other states in the last election. It may even provide some impetus for the FMA.

My hope is that the gay marriages will be at least as successful as hetero-marriages. It will take a couple of years for Massachusetts to pass an amendment -- hopefully during that time the voters will realize that allowing gay marriages isn't that big of a deal.

Link provided by Boi from Troy.

Posted by at November 30, 2004 08:09 AM
Comments

I don't think that they ducked. There wasn't a federal issue presented. They had no jurisdiction.

Posted by: Robin Roberts on November 30, 2004 09:17 AM

From what I've read, the argument was that the MSJC's ruling violated that clause in the US Constitution that requires all states to have republican forms of government.

That did seem like a stretch to me. Isn't that the argument that loons use to deny the validity of ballot initiatives?

Posted by: Dave on November 30, 2004 07:59 PM

Its basically a silly argument.

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