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Ouster of Margaret Marshall Heats Up
As Monday, May 17, approaches, the ouster of Margaret Marshall and the three judges who worked with her in the attempt to illegally impose homosexual marriage upon the state (according to the three judges who do not agree with Marshall), is heating up. The leader of the group which favors Marshall’s removal under an historic section of the state Constitution which was originated by John Adams in 1780 (because the founders feared giving too much power to any of the three branches of the new government), called upon his activists across the state to redouble their efforts. The matter is confused by the role of House Speaker Tom Finneran who favors the removal but usually holds the cards close to his chest, which can make his friends very nervous. It caused Brian Camenker, the head of the Article 8 Alliance to email his supporters yesterday: “It’s now in the House Rules Committee (which is predominately made up of our supporters!), and will have to get through the Judiciary Committee also before going to the floor. This is the opposite of what the leadership had promised us – that it would just whiz through without going to any committees. But no one will talk about it. As you know, a lot of deceptive, secretive stuff happened since this was originally introduced as a Resolution so it would go through quicker, and then mysteriously changed to a bill.” As far as anyone knows, a vote could come today or tomorrow, but Camenker is understandably nervous. When the vote is taken, it is hoped that the measure will pass the House and then go to the Senate the same day. In 2002, when the House and the Senate, sitting jointly as a Constitutional Convention, violated the state Constitution by adjourning without a vote on the Protection of Marriage Amendment, it was believed by everyone that 53 legislators were ready to approve it, which was the necessary approval by 25% in order to send the Amendment on to the people. The reason the Legislature refused to vote was because they knew it would pass. This year, the removal procedure needs a simple majority to pass, which would be 81 votes in the House. The people are much more passionate and organized this year. There are few legislators who want to publicly go on record as favoring homosexual marriage. Globe Is Purposefully Spreading Confusion Although some judge must make a ruling before anyone can issue any “marriage” licenses on May 17 under Marshall’s ruling, the Boston Globe has intentionally confused the matter. The last sentence in Marshall’s opinion of November 18 clearly sent the case back to the trial court (the Superior Court) for “entry of judgment consistent with this opinion.” That means that a judge in the Superior Court must enter an Order before any “marriages” could happen. The trial judge was instructed by Marshall to wait 180-days before doing anything. “Entry of judgment shall be stayed for 180 days to permit the Legislature to take such action as it may deem appropriate in light of this opinion.” Although every lawyer knows that counting the days in a case like this can be very tricky, someone has said that May 17 is the day when homosexuals can start to “wed.” Many wonder whether the Globe picked that day. But if it is true that the time period does end on Monday, May 17, they also wonder whether Tuesday would be the first day before the trial court judge can act. In any event, Camenker is hoping to avoid all these legal questions by having the vote this week. Further complicating the matter is whether federal judge Joseph Tauro will issue a stay of Marshall’s ruling while the federal issues of the case are determined. This could possibly require a long delay. Camenker also raises the possibility that Gov. Romney might “use his executive powers to stop or delay this.” But very few expect the Governor to take any leadership in this matter. Yesterday, Mayor Menino had to back down on his pledge to marry out-of-state homosexuals after his lawyer said that out-of-staters will have to sign a form under threat of perjury that they intend to move to Massachusetts. A rally with Alan Keyes and others will take place at Fanueil Hall tomorrow evening, Friday May 14, from 7 – 9:30. Whether it will be a celebration or a “Let’s get to work rally” remains to be seen. |
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