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Friday, February 06, 2004

MASS. MANEUVERS: From the Boston Globe

...One option under consideration by lawmakers yesterday was to ask the SJC for a delay of its May deadline. Another possibility would be to pass a law describing the rational basis for banning gay marriage, and then hope the law would be challenged and the court would determine that gay marriage is unconstitutional. ...

Representative Eugene L. O'Flaherty, a Finneran ally who is House chairman of the Joint Judiciary Committee, has said he hopes to produce a bill that would insert into law a rationale for keeping marriage a heterosexual institution, in a bid to demonstrate to the SJC why excluding same-sex couples is warranted. The strategy has been outlined by Harvard
law scholar Mary Ann Glendon, who has also been consulted by Governor Mitt Romney.
But legal specialists say the effort to block implementation of the ruling is futile. Rosemary Salomone, a constitutional law scholar at St.
John's University, said the Legislature has two options: "Change the constitution or eat crow." ...

Several legal scholars said they could not envision a scenario that would enable Finneran and other gay marriage opponents to block the issuance of marriage licenses to same-sex couples on May 17.

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