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Remove Margaret Marshall before May 17 !!! Is It Really, really Possible to Remove Marshall? Yes. The Legislature can remove a judge (or judges) by a simple majority in each chamber with a “Bill of Address” that is sent to the Governor for his approval. This is not “impeachment.” This is much quicker and easier. “The Politicians Will Never Remove Marshall.” They may not today, but they are very nervous. They want to stay in office. They were watching when the powerful Senate President, Tom Birmingham, faded into oblivion in 2002 after losing his bid for Governor because he didn’t allow a vote on the Marriage Amendment. They witnessed him admit to the Globe he lost because he illegally fought that very popular Amendment. The politicians know the resulting backlash was what elected Mitt Romney. Is the Democratic Convention in July Important? Yes. The Democrats don’t want unhappy Democrats from Massachusetts picketing and pointing out how their Party violated the Constitution in 2002 and then refused to vote again in 2004 on a simple yes-or-no question. Will This Affect John Kerry? Yes. He said on Face the Nation in 2002 that it would be wrong for the Democratic Legislature to violate the state Constitution for the purpose of killing the Protection of Marriage Amendment. But since they did, he has been totally silent. This destruction of the democratic process by the Democratic Party without complaint from him would be a huge black mark on Kerry. Okay, But How Can You Really Be Excited? There’s no place for a politician to hide on this one. It’s a simple yes-or-no vote. Does he or she favor Margaret Marshall’s use of this unlawful power to usurp the authority of the Legislature? The voters will see how each Legislator voted. No hiding! What Will Happen When Marshall Is Removed? When Margaret Marshall and her three fellow conspirators are removed, Gov. Romney will appoint four new judges to replace them. Until they are confirmed, the three remaining judges are on our side. There is no reason to hurry if Marshall is removed. Even So, Won’t Everything Happen Automatically on May 17 Just Like Marshall Ordered? No! This case started in front of a trial judge in the Superior Court. He said the Legislature must make this decision, not a court. On May 17, 2004, under the words of Marshall’s opinion, the case will be back in the Superior Court. If Mary Bonauto doesn’t like what that judge rules, she can appeal again, but Marshall won’t be there this time. But Isn’t this More Rantings from the ‘Radical Right?’ No! The three dissenting judges on Marshall’s court are all liberals. They disagree passionately with Marshall’s decision. But much more important, they say she doesn’t have the power to do what she is attempting. According to them, this is a rogue court that is acting illegally. Is That What Gives the Legislature the Power to Remove Marshall? Not really. The Legislature does not have to answer to anyone. Obviously they must give some sensible reasons for what they are doing or be voted out of office later on. The evidence is overwhelming that Marshall has planned this for years! She is not a disinterested party. Everyone knows that. But the Legislators do not have to prove that fact to anyone except themselves, i.e. each individual legislator must vote his own conscience. From Where Does the Legislature Get this Power? It’s in the state Constitution in Article 98. Even if Marshall were showing “good behavior,” the Legislature can remove her and her cronies. So When Will Things Begin to Happen? As soon as you tell your Rep and your Senator that it’s not over and a Bill of Address must be voted upon soon. But Who Will Lead Me? No one. This is truly a rebellion by the citizens. There is a volunteer group, the Article 8 Alliance, which is encouraging citizens to protest in their own area and to meet with their Legislators, both Senator and Representative, in their district offices, not in Boston. (You don’t need to travel to Boston to see them.) The outrage must be expressed in each neighborhood, town or county. What About Packing the Court? Some are also suggesting that the Legislature can make the SJC a 9-person court which would immediately give us a 5-4 majority, although we would still have Marshall. What Is Marshall Not Telling Us? Justice Sosman says that other states and the federal government will not recognize any of our marriages because it will be unknown whether they are of the same sex, which they don’t allow. In addition, the federal income taxes and inheritance taxes for married folk will not apply, nor will social security benefits etc. In recognition of this, will we give special tax relief to gay couples? Worse, every couple of the same sex will receive a marriage license whether homosexual or not, because the state will be unable to know their orientation. Therefore, for example, any two straight women could get “married,” never live together and receive benefits from the state (i.e. the taxpayers). |
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