High court rejects bid to halt same-sex marriages

 

By AP from boston.com from the Web, May 27, 2005

 

BOSTON --The state's highest court on Friday rejected a Roman Catholic activist's bid to halt gay marriages in Massachusetts until after voters have weighed in on a constitutional ban.

The Supreme Judicial Court authorized the nation's first same-sex weddings with its landmark November 2003 ruling. C. Joseph Doyle, executive director of the Catholic Action League, had argued that the ruling went too far by allowing gay marriages to proceed before voters had a chance to consider the constitutional amendment.

Doyle's lawsuit sought a stay on gay marriages until after the vote, which could happen in November 2006, at the earliest, but the high court rejected his request.

In March 2004, two months before the SJC's gay marriage ruling took effect, lawmakers gave their initial approval to a constitutional ban that would simultaneously legalize Vermont-style civil unions.  They must pass it a second time during the current legislative session before it can reach the statewide ballot.

Doyle had appealed to the full court after a single justice dismissed his claim last year.  Justice Roderick Ireland said same-sex couples shouldn't be denied the right to marry based on the possibility that voters would approve the amendment.

"The single justice was correct and well within his discretion" in denying Doyle's request, the high court wrote.

 

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