Letter to
the Editor
Please Get Your Facts Straight and Stop Lying
In the radio ad you are
running you state that you passed a amendment to the Constitution forbidding
gay marriage and that the State congress violated the Constitution by
not sending the Amendment to the voters.
And that is where you are
incorrect, our Constitution calls for two consecutive passages in separate
years of an amendment for it to go to the voters.
Based on the results of
the 2004 election when several members of the state congress who vote
for the amendment lost there seats that changed the vote and the amendment
failed. So our congress followed the Constitution to the letter.
So please stop lying to
the people of the state and gets yours facts correct. Also get your
facts straight regarding the courts ruling. Judge Marshall was not the
sole vote that determined the case. Based on the court system laid out
in the Constitution, when a Supreme Court decision is made it is Majority
rule. In
this case the final vote was 4-3.
The people in this state
are much smarter then you think and will not fall for your radical religious
agenda. Stop your lies and give up. As a heterosexual male I have no
problem with gay men and women being recognized as married by the state.
Craig Foster
Editor's Response: Our Radio
Ads Are Totally Accurate
Although we thank
you for pointing out the problem of sound-bites, we emphatically disagree
that our radio ads are not accurate. You really know how to hurt a guy!
I must first note that I
am passing over the myriad of misspelling and other errors in your manuscript
which have not been corrected by us.
In addition, although your
history lesson is not accurate, you do raise one important point, perhaps
inadvertently. When one is limited to 150-words as on radio, it's a
serious challenge. When we said that we "passed" an Amendment
forbidding gay marriage, you would not be wrong in raising your eyebrows.
But we were also not wrong in writing it that way. We have what a lawyer
would say is an "inchoate" right, i.e., a right that has not
been totally perfected.
The many thousands of volunteers
who gathered 130,000 signatures, many times the number required, and
the 500 citizens who showed up at the State House on the day of the
vote (June 17, 2002), were shocked to watch as Sen. Birmingham refused
to allow the legislature to vote on the Amendment. Everyone there (including
the Boston Globe) agreed that it would have passed if Birmingham had
followed the law. If that were not true, then Birmingham would have
had no reason to block the vote.
Birmingham's conduct was
a clear violation of the state Constitution as later expressed by a
unanimous SJC (including Margaret Marshall) on Dec. 20, 2002. But Judge
Marshall refused to do anything about it because if the Amendment were
passed, she could not rule in favor of gay marriage.
So the citizens did everything
legally that was required to pass the "Protection of Marriage"
Amendment. Lawyers inform us that some day soon, some new Justices may
say exactly that.
As for the 4-3 ruling, you are really reaching.
We made it very clear that this was a deeply divided court with three
of the Associate Justices voting with Marshall and three passionately
opposing her. That enabled her to break the tie and make the Ruling
as she had planned. We say that very clearly on the radio in order to
point out that the state is not solidly behind Margaret Marshall as
we hear from the media. Even her own Justices are deeply divided.