MASS. HIGH COURT REJECTS APPEAL: From the Associated Press

The state's highest court Friday unanimously rejected an appeal by 13 state lawmakers to reverse its November decision legalizing gay marriage in Massachusetts as of May 17.

The lawmakers had argued that the Supreme Judicial Court lacked jurisdiction in the case under the state Constitution. Instead, they argued, the Legislature and governor are empowered to determine marriage laws.

The court ruled Friday that the motion was untimely, because the case had already been decided; that the same arguments had been raised by others and rejected during the court process; and that the assertion that the court had no jurisdiction was erroneous.

"It was within the court's jurisdiction to resolve an adversary case requiring interpretation of the Constitution and a determination of the validity or our laws," the court wrote.

A similar claim, filed by former Boston Mayor and Vatican Ambassador Ray Flynn, will be heard in Suffolk Superior Court next week.

In a case filed by seven gay couples, the Supreme Judicial Court ruled, 4-3, in November that it was unconstitutional to bar same-sex couples from marriage. The Legislature recently approved a constitutional ban on gay marriage, which would simultaneously legalize civil unions if approved by voters in November 2006.

The lawmakers included House Ways and Means Vice Chairman Peter Larkin, D-Pittsfield, and House Rules Chairman Angelo Scaccia, D-Boston. The others were: Reps. Christopher Asselin, D-Springfield, Mark Carron, D-Southbridge, Robert Correia, D-Fall River, Viriato deMacedo, R-Plymouth, Robert Hargraves, R-Groton, William Lantigua, I-Lawrence, John Lepper, R-Attleboro, James Miceli, D-Wilmington, Elizabeth Poirier, R-North Attleboro, Joyce Spiliotis, D-Peabody, and Philip Travis, D-Rehoboth.

The American Center for Law & Justice, a law firm founded by televangelist Pat Robertson, filed the lawsuit on the lawmakers' behalf.

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posted by Eve at 10:44 PM | link

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