Mass. court hears
same-sex marriage case
By Ken Maguire, AP
from boston.com on the web, May 2, 2005
BOSTON -- The Massachusetts
high court heard a bid Monday to halt same-sex couples from marrying in the
state until residents can vote on a constitutional amendment to ban gay
marriages next year.
The lawyer for C. J. Doyle, executive director of the Catholic Action League of
Massachusetts, argued the marriages interfere with voters' ability to
participate in the "robust debate" that is required on such an issue.
But justices, even two who dissented in the 2003 decision that legalized
same-sex marriages, seemed skeptical.
"How has the full and robust public discourse been inhibited?" asked Justice
Robert Cordy, one of the dissenters in 2003. "It seems to me, if anything,
it's been enlivened on this subject ... I don't see how it gets inhibited by the
fact that the court has made a constitutional ruling."
Around 5,000 same-sex couples have married in the state since the Supreme
Judicial Court's ruling took effect in May 2004.
Last March, the state Legislature approved a constitutional amendment that would
ban gay marriage. Lawmakers must pass the measure a second time, either
this year or next, before it can reach the statewide ballot in November 2006.
Justice Roderick Ireland rejected Doyle's arguments last year. It was
heard on appeal Monday by the full court, which did not immediately rule.
Justice Martha Sosman, who wrote the 2003 dissenting opinion, said that unless
it's proven that Ireland erred in his ruling, then "that's the end of it."
The justices didn't ask any questions of an attorney for the Gay & Lesbian
Advocates & Defenders nor of state assistant attorney general John Hitt, who
later declined to comment.
GLAD lawyer Michele Granda said she was confident the court would rule against
Doyle.
Doyle's attorney, Chester Darling, expressed similar sentiments.
"It was a little negative, from our point of view," he said.
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