MASS. COURT CHALLENGE: From the Washington Times

Lawyers in Massachusetts are preparing for a federal court hearing today on whether the state high court had the power to change the state's marriage law by itself.

"We will argue that the Massachusetts Supreme Judicial Court exceeded its power when it redefined marriage from the 'union of one man and one woman' to the 'union of two persons' " in the Nov. 18 high court decision, Mat Staver, president of Liberty Counsel, said of today's hearing before the 1st Circuit Court of Appeals in Boston. ...

When the Massachusetts court bypassed the legislative and executive branches to change state marriage law, it upset the separation of powers in the state and violated the plaintiffs' rights, under the "guarantee clause" of the U.S. Constitution, to have a republican government, said Mr. Staver, who with other conservative lawyers represent 11 Massachusetts lawmakers and a Boston resident.

The plaintiffs have asked the federal court to stop the state from issuing or recording marriage licenses for homosexuals.

Lawyers with the Gay & Lesbian Advocates and Defenders, who won the Goodridge case, will argue that the high court was well within its authority to reach its decision and that jurisdictional questions already have been raised and answered.

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posted by Eve at 11:38 PM | link

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