From the coalition of attorneys in Massachusetts..
What happened in Goodridge? ? The SJC interpreted the marriage statute to NOT PERMIT same sex marriage. ? The SJC declared the marriage statute “unconstitutional” BUT they did not strike that law. ? It remains a statute on the books as it was originally written and intended. ? The Massachusetts Constitution clearly states that a law that remains on the books is the law until it is repealed by the Legislature. ? The SJC simply changed the “common law” meaning of the term marriage but because that term already exists in the statute and in the Constitution, the SJC’s “common law” declaration of a new meaning did not and could not change the statute nor the words of the Constitution because common law is subordinate to statutory and constitutional law. ? Only a constitutional amendment by the people would be allowed to change the constitutional meaning of the term marriage. ? The SJC acknowledged in the Goodridge case that they could not legislate and therefore the Court gave the legislature 180 days to act. ? The legislature neither repealed the “unconstitutional” marriage law nor changed the law by way of a change to the statute nor by allowing the Constitutional Amendment to go through in 2005. ? Therefore the “law,” the marriage statute, that forbids same-sex marriage, continues to forbid it. ? The only reason why same-sex marriage licenses are being handed out is because Mitt Romney ordered them to be but he did that without legal authority under any statute. ? This is confirmed by the fact that the Massachusetts Legislature, since Goodrdige, has had opposing bills pending before it; ones that promote same-sex “marriage” (H977/S967) and the other that defines marriage as the union of one man to one woman (H654). If same-sex marriage” was currently legal, there would be no reason to have either of these opposing bills pending before the Massachusetts Legislature. ? In May of 2004, Governor Romney’s Training Session for Town Clerks for implementing “the Goodridge decision” (see slide 13 of 05_SSM_Mass_Void.ppt) stated the following: - Legislature has not made any changes to statutory laws to implement Goodridge - SJC did not change the marriage statutes in c46 and 207 - The MA Constitution has not been amended - Clerks should be ready to implement the "new law" on May 17. What New Law?