Great news on the gay marriage front! From AP:
The Supreme Court on Monday sidestepped a dispute over gay marriages, rejecting a challenge to the nation's only law sanctioning such unions.So, gay marriages will stand in Massachusetts until at least 2006, and with the four or five pick-ups in the Mass. State House from November, gay marriage may remain in Massachusetts for the foreseeable future.
Justices had been asked by conservative groups to overturn the year-old decision by the Massachusetts Supreme Court legalizing gay marriage. They declined, without comment.
In the past year, at least 3,000 gay Massachusetts couples have wed, although voters may have a chance next year to change the state constitution to permit civil union benefits to same-sex couples, but not the institution of marriage.
Critics of the November 2003 ruling by the highest court in Massachusetts argue that it violated the U.S. Constitution's guarantee of a republican form of government in each state. They lost at the 1st U.S. Circuit Court of Appeals in Boston.
Their attorney, Mathew Staver, said in a Supreme Court filing that the Constitution should "protect the citizens of Massachusetts from their own state supreme court's usurpation of power."
Federal courts, he said, should defend people's right "to live in a republican form of government free from tyranny, whether that comes at the barrel of a gun or by the decree of a court." (Rob's note: Courts generally don't like it when you tell them they have no power and call them tyrannical -- it just shows you that the challenge to gay marriage has no basis in law at all.)
Merita Hopkins, a city attorney in Boston, had told justices in court papers that the people who filed the suit have not shown they suffered an injury and could not bring a challenge to the Supreme Court. "Deeply felt interest in the outcome of a case does not constitute an actual injury," she said.
Massachusetts Attorney General Tom Reilly told justices that voters can overrule the Supreme Court by adopting a constitutional amendment.
The lawsuit was filed by the Florida-based Liberty Counsel on behalf of Robert Largess, the vice president of the Catholic Action League, and 11 state lawmakers.
The conservative law group had persuaded the Supreme Court in October to consider another high profile issue, the constitutionality of Ten Commandments displays on government property. The court agreed to look at that church-state issue before Chief Justice William H. Rehnquist was diagnosed with thyroid cancer.
He is working from home while receiving chemotherapy and radiation and will miss court sessions for the next two weeks...
Moreover, this is a good reminder that Justice Rehnquist is still not back on the job. Remember when he was going to be back on the Monday after his illness was announced?
