Ed Schweppe (edschweppe) wrote,
Ed Schweppe

Gay marriage foes really, REALLY stretch

Just as a change of pace from the "All Iraqi Abuses, All The Time" theme, the folks who won't take "unconstitutional" for an answer are now suing the Massachusetts Supreme Judicial Court justices in federal court over the gay marriage issue:

The suit, filed on behalf of Robert P. Largess, vice president of the Catholic Action League, alleges that the Supreme Judicial Court exceeded its power by redefining marriage in November when it legalized gay marriage in the state. The suit also names the state Department of Public Health and its commissioner; Boston registrar Judy A. McCarthy; and 350 city and town clerks whose jobs require them to issue marriage licenses.

The suit contends that the court violated "the federal constitutional guarantee to the citizens of Massachusetts to a republican form of government" and urged a federal judge to issue a temporary restraining order banning state officials from issuing marriage licenses to same-sex marriages.

US District Judge Joseph L. Tauro is expected to decide today whether to hold a hearing on the request for the emergency order, according to one of the lawyers who filed the suit.

The article goes on to note that the odds of this suit actually winning range from slim to none. The article quotes Hofstra University law professor Eric M. Freedman as saying "There is no case in the history of the country from 1849 until today in which the US Supreme Court has ever permitted an individual litigant to maintain an action under the guarantee clause."

Full text here: Foes sue justices of SJC in US court

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