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Attorney General has no excuse for rejecting governor's request for a stay* of court ruling that will legalize marriage in Massachusetts by May 17 4/2/2004 Massachusetts AG Thomas Reilly has a valid legal basis to seek a further stay of the Mass SJC's order Attorney General Thomas Reilly has refused a request from Gov. Mitt Romney to ask for a stay of the Massachusetts Supreme Judicial Court's ruling ordering the legalization of same-sex "marriage." If nothing is done, homosexual couples will obtain marriage licenses from city and town clerks, beginning on May 17.
ACTION: Call, e-mail, or visit the State Capitol offices of Attorney General Thomas Reilly and Gov. Mitt Romney.
Governor: 617-725-4005 or the Governor's e-mail feedback form
State Has a Valid Legal Basis to Seek the Stay. Here's Why:
Massachusetts Attorney General Thomas Reilly has a valid legal basis to seek a further stay of the Massachusetts SJC's November 18, 2003, order in Goodridge v. Department of Public Health. The court stayed the entry of judgment of its ruling "for 180 days to permit the Legislature to take such action as it may deem appropriate in light of this opinion."
The court bases its ruling on its interpretation of the existing constitution. The Legislature has taken the action it deems "appropriate in light of this opinion" by beginning the process of amending the constitution so that marriage continues rightly to be limited to a man and a woman and wrongly to create civil unions with all of the rights, benefits, protections and obligations of marriage.
Furthermore, in Goodridge, the court expressly refused to strike down the state's marriage laws, stating: "Here no one argues that striking down the marriage laws is an appropriate form of relief. Eliminating civil marriage would be wholly inconsistent with the Legislature's deep commitment to fostering stable families and would dismantle a vital organizing principle of our society." The state's laws, which limit marriage to a man and a woman, are still valid.
The fact that the proposed constitutional amendment cannot be enacted until 2006 weighs in favor of a stay rather than against it. If same-sex couples are permitted to "marry" beginning May 17, 2004, and the people approve the amendment in 2006, legal, social and personal chaos will result. The people through their elected representatives have spoken, and the court should respect that and recognize that the issue of same-sex marriage in Massachusetts has been removed from its jurisdiction.
Gov. Romney should be urged to order the attorney general to seek the stay and the governor should also issue an executive order prohibiting public officials from granting marriage licenses to same-sex couples.
*What's a "stay"? It's a legal way for a court or a judge to hold off or delay enforcing his ruling. In this case, the Massachusetts court allowed its ruling on same-sex marriage to wait until the legislature could act. The governor and attorney general can ask the court to issue another "stay" – to allow for more time before imposing the judgement – since the legislature did take action. More time is needed because the law requires more time for the legislature's action to take place than the original "stay" will allow.
Suggested Text for your letters/calls might include:
Dear Governor Romney,
I am very concerned about what's happening to marriage in Massachusetts. You are in a position of great responsibility. You therefore have an obligation to do everything you can to protect marriage from attack and I urge you to take action.
You can do two very simple things to protect marriage. You can order the attorney general to seek a stay in the Goodridge case. And, you can issue an executive order to prohibiting public officials from granting marriage licenses to same-sex couples.
I urge you to do both of these things. Marriage deserves to be protected – it is already under too much pressure from no-fault divorce, adultery and cohabitation. Don't let it suffer from further attack by same-sex relationships and so-called civil unions.
Thank you.
Dear Attorney General Reilly,
I am very concerned about what's happening to marriage in Massachusetts. You are in a position of great responsibility. You therefore have an obligation to do everything you can to protect marriage from attack and I urge you to take action.
You can and should seek a further stay in the Goodridge decision. You have a valid legal basis for doing so: the court gave time for the legislature to act and clearly more time is needed. The court expressly refused to strike down the marriage laws, so those laws are still valid and must be protected. A constitutional amendment cannot be approved until 2006, so the law must be protected at least until that time. If you fail in this, you will open the floodgates to a dual system of laws – one for marriage and one for another system – that will be in chaos once the amendment passes.
Please do your duty. Take action today to protect the laws of your state.
Thank you for your consideration.
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