LIBEL by New York Times

by J. Edward Pawlick

Reserve Yours Now!

...A state-wide organization, representing nearly 10,000 citizens, plans to hand-deliver a citizen proclamation today to legislative leaders on Beacon Hill, demanding that they defy the recent ruling by the State Supreme Court on same-sex marriage. They will request that the leaders begin the process of removing from office the four judges who voted for it.

..."This is not business as usual," said Brian Camenker, President of Parents Rights Coalition. "This was an illegitimate act by the court that threatens our very democracy, and it must be treated as such by the other branches of government."

...The demands will be delivered to the offices of the Speaker of the House of Representatives, the Governor and the Senate President. Camenker will be accompanied by several community leaders and others.

...C.J. Doyle of the Catholic Action League of Massachusetts helped write the Proclamation and is joining the demand.

...The demand has already sparked national attention, Camenker says. He states that at least one nation-wide TV network is flying a camera crew to Boston to cover the event.

..."This is just the beginning of a huge movement over the next four months," said Camenker. "Parents Rights Coalition has already begun organizing several hundred people and more are calling every day to get involved."

...Over the next few weeks the Proclamation will be delivered to individual Senators and Representatives by groups of their constituents.

...The group will meet today in Nurses Hall at 10 a.m.

...Complete Text of Citizens' Proclamation

...On November 18, 2003, the Supreme Judicial Court of the Commonwealth of Massachusetts ruled that homosexual marriages must be legally allowed and recognized in the state. The court delayed the imposition of this judgment for 180 days "to permit the Legislature to take such action as it may deem appropriate in light of this opinion," but after that time it would go into full effect. Through the U.S. Constitution's "full faith and credit" clause, such "marriages" will be required to be legally recognized across the country.

...The court, in a 4-3 decision, found that the Massachusetts Constitution, written by John Adams in 1780, contains a "fundamental" right to same-sex marriage. It states that the current restrictions against same-sex marriage are neither rational nor justified and are a distinct Constitutional violation. Furthermore, it arrogantly dismisses centuries of religious belief on homosexuality as "persistent prejudices."

...Thus, four justices of the Supreme Judicial Court ignored the text and misrepresented the history of America's oldest written constitution and fabricated new law to contrive the result which they desired.

...Instead of interpreting the constitution, they amended our constitution. Instead of upholding the law, they disregarded the law and imposed their own ideological preferences on the people of this Commonwealth. Instead of administering justice, they advanced the militant homosexual agenda, whose goal is to legitimize a range of addictive and destructive behaviors that are innately dangerous both to individuals and society. This invention of a constitutional right to same-sex marriage represents social revolution by judicial fiat. It is an extra-constitutional act - an exercise in arbitrary power by radical ideologues in our unelected judiciary.

...By legislating from the bench, they abused their office, violated their oath, made a mockery of the separation of powers guaranteed to us in Article 30 of the Declaration of Rights, and usurped the right of the people and their elected representatives to govern.

...We cannot creditably claim to live in a democracy when our most basic laws can be dismantled by four unelected political appointees. A failure of the citizens of this Commonwealth to respond strongly to this calamity would concede that we have lost control of our own government - a sacred bond that our Constitution was written to safeguard and cherish. This must be unconditionally recognized by our Legislature and Governor as an illegitimate and illegal act. Appropriate measures for that must be boldly and decisively taken without delay.

...The Massachusetts Legislature must immediately enact legislation reiterating the centuries-old laws of marriage in this Commonwealth in direct defiance of this ruling, unambiguously declaring it null and void. And as its duty to the citizens, the Legislature must commence the procedure for removal from office of these four Justices who have so treacherously misused their position and trust, as outlined in Article 29 of the Declaration of Rights and Article 98 of the Amendments. Above all, the people of Massachusetts must have their government back.

...Constitution Cited

...The group cited several sections of the Massachusetts Constitution:
Declaration of Rights -- Article 29. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and established by standing laws.

...Article 30. In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.

...Articles of Amendment -- Article 98. Article I of Chapter III of Part the Second of the Constitution, as amended by Article 58 of the Amendments to the Constitution, is hereby annulled and the following Article is adopted in place thereof:-
Article I. The tenure, that all commissioned officers shall by law have in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this Constitution; provided, nevertheless, the governor, with the consent of the council, may remove them upon the address of both houses of the legislature; and provided, also, that the governor, with the consent of the council, may after due notice and hearing retire them because of advanced age or mental or physical disability; and provided further, that upon attaining seventy years of age said judges shall be retired. Such retirement shall be subject to any provisions made by law as to pensions or allowances payable to such officers upon their voluntary retirement.

...Opinion of Justice Francis X. Spina -- In his opinion on Nov. 18, 2003, Justice Spina wrote: "The power to regulate marriage lies with the Legislature, not with the judiciary. ... Today, the court has transformed its role as protector of individual rights into the role of creator of rights."