No One Seems to Care that Many Homosexuals
Not Married
Although many homosexual
couples were not given valid marriage licenses on May 17, and others
who went before judges on that day to waive the three-day waiting period,
were not validly married, no one seems to care, says J. Edward Pawlick,
Founder/CEO of Massachusetts Lawyers Weekly from 1972 until he sold
it in 1997.
"Those persons should be told that they
are not validly married," Pawlick says. "These are many of
the people that Mary Bonauto was supposedly seeking to help. "It
demonstrates that she is not concerned with individuals, but only in
pushing the political agenda of this large movement."
Pawlick notes that the problem is that Chief
Justice Margaret Marshall remanded the case to the Superior Court (the
trial court) in her opinion of November 18, 2003 and ordered that there
be "an entry of judgment consistent with this opinion." She
also ordered: "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."
But her Order was not followed, according to
Pawlick.
"Instead of waiting for a judge in the Superior Court to enter
a judgment as required, Bonauto started a 'carnival atmosphere,' which
ignored the Order. She encouraged people to start obtaining marriage
licenses and even marry one-minute after midnight before there was any
authority to do so.
Pawlick says he has talked to people in the
court system and elsewhere but they are unconcerned because Chief Justice
Margaret Marshall of the SJC and Suzanne DelVecchio are both in favor
of homosexual marriage and will not do anything to "rock the boat"
even though many individuals are not validly "married." Private
lawyers agree with his assessment but do not want to go public, he says.
Why Did Atty. Bonauto Do This?
Atty. Bonauto is usually a careful lawyer, says
Pawlick, who wonders why she was so reckless in this case.
"It is clear," he says, "that
Bonauto took a calculated risk and did not follow the rules because
she did not want this case going back to Judge Thomas Connolly. It was
he who had ruled against her in Superior Court, and it was then that
she appealed to her friend, Margaret Marshall. Bonauto was not certain
what Judge Connolly might do with the case. He had many options if he
were courageous enough to follow them.
"After all, three of the other six Justices
on the SJC had agreed passionately with Judge Connolly and held that
Marshall had no power to do what she did."
Another problem, according to Pawlick, is that the Chief Justice of
the Superior Court, Suzanne DelVecchio, did not recuse herself from
the case even though she publicly favored homosexual "marriage"
and is on record telling homosexuals a few years back that they should
push harder to achieve it.
Although it is a common custom in Massachusetts, but not in other states,
that judges sit in Motion Sessions and decide important questions in
cases about which they have no knowledge, it is also common that this
does not occur in important cases. Therefore, Judge DelVecchio should
have seen that this be sent back to Judge Connolly.
Pawlick concludes that someone in the court
system should inform these people who jumped the gun that their marriages
are not valid. He also says that Justice DelVecchio must resign because
of the impropriety of her making decisions in this momentous, watershed
case.
"Even if everything she did was totally
proper, which it was not, the apparent impropriety of her action is
enormous and a tremendous stain on the state court system. When this
is combined with the violation of ethics by her friend, Margaret Marshall,
our courts will take a serious beating. This is happening only because
of the complicity of the Boston Globe."
Pawlick is the attorney for Massachusetts Citizens
for Marriage. He appeared before the SJC four times last year, twice
before the full court and twice before Single Justices, the last time
being in May 2003 when he cautioned Margaret Marshall and the other
members of the Court there would be an uprising by the citizens if they
illegally imposed homosexual "marriage."