Mass. Supreme Court to Hear Marriage Challenge

April 25, 2005

BOSTON — The Supreme Judicial Court which paved the way for same-sex marriage in Massachusetts is preparing to hear a case to have its ruling set aside.

The court will hear oral arguments on May 2 on an appeal by the Catholic Action League. The group, in papers filed with the court, argues that same-sex marriage should be halted until residents vote on a proposed constitutional amendment that would ban gay nuptials.

A judge last May, days before the ruling allowing gay marriage was to go into effect, rejected a bid by the League and the Thomas More Center sought to have the SJC ruling delayed.

The legislature has since passed the amendment, but it must get approval again in this session of the legislature before going to voters in 2006. A vote by lawmakers, expected this spring has now been put off until fall.

C. Joseph Doyle, executive director of the Catholic Action League, wants an immediate halt to the issuing of marriage licenses to same-sex couples, and for those marriages already performed not to be recognized by the state until after the referendum is held.

His ability to vote is being inhibited and interfered with, said Doyle's lawyer, Chester Darling told the Springfield Republican.

The court declared an outcome before a vote was taken on the amendment.

In its brief to the court, the Gay & Lesbian Advocates & Defenders - the LGBT group that won the landmark decision opening the way for gay couples to marry - argues that Doyle failed to show exactly how issuing marriage licenses to same-sex couples interfered with his ability to vote.

His argument makes no sense, attorney Michele Granda told The Republican.