Tuesday January 13, 2004

 

For immediate Release February 6, 2003

Press Release
Massachusetts Citizens for Marriage, P.O. Box 812448, Wellesley, MA

SJC Told that Most People Believe Sarah McVay Pawlick Is Wasting Her Time Appealing to the Courts

She Does Not Agree; Believes Courts Will Do 'The Right Thing' In Scandal about Marriage Amendment

"She keeps assuring them that the courts are still fair, although some judges are not, as is true with people everywhere," her attorney and husband, J. Edward Pawlick wrote on behalf of his wife.

The woman who is leading the fight for traditional marriage in Massachusetts, Sarah McVay Pawlick, has been told by most people that she is wasting her time appealing to the courts or anyone else in this state, her attorney told the Supreme Judicial Court today in a brief filed with the Court.

The attorney said that many citizens, together with others on the national scene, point to the upcoming gay marriage case which seeks to impose gay marriage on the state and is being heard by the Court in March. These people have already decided that the Court will hold in favor of gay marriage. They know that the Protection of Marriage amendment would not permit gay marriage and that is why they believe she will never win in this court.

Pawlick filed suit in the SJC on January 2, asking the court to send the amendment directly to the new legislature because last year's legislature under Senate President Tom Birmingham violated the Constitution by voting to adjourn without a vote on the measure. The court held on Dec. 20, after a suit brought last year by Pawlick, that the law had been violated. But neither Birmingham or Swift took any action to comply with the judges' instructions.

Attorney Pawlick said that his wife points out to everyone that she has not seen unfairness in the legal cases she has observed in the last few years.

"There's no question, however, that she has her head on the chopping block, ready to be ridiculed and laughed at if she is proven wrong," he wrote.

"Her greatest concern is that she will be turned away without any answer as to who can sue. In particular, she is unable to understand why everyone appears to be able to sue the Secretary of the Commonwealth except her. Regardless of whether she is right or wrong about the merits of her suit, why would she be estopped from raising the issues? If she is not allowed to sue, who can?"

The lawyer wrote in his 33-page brief: "The attorney for the Commonwealth argues that the plaintiffs should just try again. He opines that they are allowed to spend another three years of their lives and $1.7 million -- only to be laughed at once more in 2005! Can anyone deny that if what the attorney for the Commonwealth argues is true, we have lost our republican form of government in Massachusetts?"

Read More: Excerpts From Pawlick's Brief

Full Text of Brief

Excerpts from Pawlick's Brief

Plaintiff Has Been Told She is Wasting Her Time and Money Appealing to a Court in This Liberal State

Does Anyone Have a Right to be Heard?

Framers of Constitution in 1918 Were Unable to Conceive of Our 2003 Scandal

Opponents Fear An Honest Debate; NY Times and Boston Globe Smeared Supporters of Marriage with Libel; Two Briefs in SJC Libel Supporters With No Opportunity to Respond; How Many Judges Have Seen These Untrue Smears?

Unfair Tactics Have Influenced the Courts

Why the Citizens Are Upset

More and More Understand the Truth

Is It an Unusual Remedy that the Plaintiffs Seek?

Jane Swift Knew What Her Duty Was

A Successful Process, but an Expensive One

Same Scandal as Last Year

Two Major Differences from Last Year's Suit

 


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