SJC Reverses Its Gay Marriage Opinion
The
SJC, in effect, yesterday reversed its gay marriage opinion of Nov.
2003, thus puzzling all commentators.
The puzzlement is
understandable because anyone outside of Massachusetts is unable to
understand the pummeling that Margaret Marshall is taking in this
state, and no one inside the state has a voice as strong as the Boston
Globe. That newspaper is a subsidiary of The New York Times Company,
which is the strongest advocate of gay marriage across the entire
nation and will continue in that that role so as long as Pinch Sulzberger
remains its Chairman.
“What has basically
happened,” we are told by Atty. J. Edward Pawlick, “is that the three
diehards, Judges Marshall, Greaney and Ireland continue to snarl at
the citizens even though they know they will all be removed from office
this year by the Resolution of Rep. Emile Goguen (D-Fitchburg) and
an outraged citizenry. Although Goguen will be retiring at the end
of 2006, he still has plenty of time left for a vote in the Legislature
to Remove those three judges.”
Meanwhile, the three
judges who passionately voted against Marshall and gay marriage in
2003 remain in office: Spina, Sosman and Cordy.
This leaves Judith
Cowin as the judge who is reevaluating her vote. We’ve reported how
upset she became when Pinch Sulzberger panicked after the Presidential
election of 2004. He began to flail around at many people, including
Judge Cowin.
Sulzberger panicked
after the national Democratic pundits began to blame Judge Marshall’s
gay marriage opinion for the loss by John Kerry of the Presidency.
Of course, Sulzberger had been proud to be the main architect of the
opinion. But, after the 2004 election, he immediately attempted to
back away from his former friend, Margaret Marshall despite the fact
that she is married to Anthony Lewis, the famous columnist at Sulzberger's
Times for close to fifty years.
Yesterday’s opinion
was unusual in that there was a very short paragraph of about fifty-words
at the beginning, with no one’s name attached to it. That was followed
by four concurring opinions with one from each of the three diehards
and the lead concurring opinion from Judge Spina, who was vehemently
against Marshall’s gay marriage opinion.
Judge Cowin was not
mentioned anywhere and she is obviously the vote that allowed Judge
Spina to be the lead writer.
Times Story
Written by Pam Belluck Who Libeled Sally Pawlick in 2002
The
story in today’s New York Times was written by the same reporter from
the paper’s Boston bureau who libeled Sally Pawlick in April 2002
(as chronicled in the book “Libel by New York Times”) in a prominent
story in its Sunday edition which went to over 1.5 million subscribers
across the nation. (See Story HERE)
Today’s story by
Belluck was another one-sided view which contained many anecdotes
portraying yesterday’s opinion as an attack against unfortunate persons.
Belluck dug up one
Connecticut gay couple who even brought in one of their mothers who
had given her blessing as she was dying of cancer. It would be informative
to learn what advocacy group told Belluck about that poignant story.
Belluck even regurgitated
the canard that the 1913 law which was found valid in yesterday’s
opinion was enacted to prevent interracial marriage. She even quoted
the Conn. gay couple as saying they feel “like the back of the bus.”
The Times reporter
attempted to increase the importance of Margaret Marshall by reporting
what Marshall wrote in the “other” concurring opinion. Belluck made
that statement even though all four opinions were concurring opinions.
Marshall’s was no more important than the others, except in the eyes
of Belluck.
Belluck gave great
hope to those in New York by making them believe they would fare okay
because the trial judge in Massachusetts, who had also held against
the gay couples and whose decision had been appealed to the SJC, and
was instructed in yesterday’s ruling to determine whether New York
still prohibits same sex marriage. Most commentators believe the trial
judge will need only a few hours to decide that detail.
Related Stories:
- NYT
Story from Last Friday: "Massachusetts Court Limits Gay Unions"
-
MassNews Story from Nov. 2, 2002: "New York Times Uses 'Horse
Story' to Join Boston Globe in Libeling Supporters of Amendment"
- MassNews
Story from April 8, 2002: "NYT Joins Attack on Marriage Amendment"
Coming on
Monday
Yesterday’s decision will obviously be discussed
by many lawyers for days and months to come as it continues to unfold.
We will report on this important story on Monday and amplify whether
it does mean the curtailment or end of gay marriage in Massachusetts.