Mass: SJC Rejects ACLJ Marriage Challenge

May 7, 2004

The Supreme Judicial Court Friday delivered yet another blow to opponents of same-sex marriage. The court unanimously rejected an appeal by 13 state lawmakers to reverse its landmark ruling legalizing gay marriage.

The legislators, both Republicans and Democrats, were represented by the conservative American Center for Law and Justice founded by televangelist Pat Robertson. The appeal said that the Supreme Judicial Court does not have jurisdiction over marriage.

The suit said that only the Legislature and governor are empowered to determine marriage laws.

But the high court disagreed saying the assertion was erroneous. The court also said, in a written decision, that the motion was untimely, because the case had already been decided and that the same arguments had been raised by others and rejected during the court process.

Challenges to the ruling that lets same-sex couples begin receiving marriage licenses May 17 are not over.

Former Boston Mayor and Vatican Ambassador Ray Flynn has also filed a motion with the court to vacate its ruling. Flynn's argument is similar to that of the 13 members of the Legislature. It will be heard in Suffolk Superior Court next week.

The same-sex marriage issue has also sparked a war of words between Governor Mitt Romney and municipal clerks over whether licenses can be given to out-of-state gay couples.

The governor wants clerks to refuse licenses to couples from outside Massachusetts, citing a 1913 law. This week a group of state senators tabled legislation to repeal the law (story) with Romney threatening to veto the repeal if it is passed.