ACLJ Files Bid to Stop Mass. Marriages

April 27, 2004

Thirteen Massachusetts lawmakers filed suit with the state's highest court Tuesday claiming it did not have the power to legalize same-sex marriage.

The legislators, both Republicans and Democrats, are represented by the conservative American Center for Law and Justice, which approached the group.

In papers filed with the court the suit says that the Supreme Judicial Court does not have jurisdiction over marriage.

We have transferred divorce and alimony to the judiciary, however, there is no instance where we transferred marriage to the judiciary. Therefore, the suit says that the court had no legal standing to make any decision, said Rep. Robert Correia (D-Fall River) one of the legislators involved in the suit.

This (lawsuit) supersedes the issue of gay marriage or not gay marriage, Correia said. It's the issue of whether the state Supreme Court should be a legislative body. Obviously, the answer under our Constitution is 'no'.

The American Center for Law and Justice said that it expects to hear from the court within a week if it will hear the case and is hopeful that arguments and a ruling will be made prior to the May 17 scheduled start of same-sex marriages in the state.

The move is one of several being undertaken by conservatives to stop the weddings.