Romney Violated Massachusetts Constitution by Ordering ‘Same-Sex Marriage’
* Fri Jan 19, 2007 12:15 EST
By Meg Jalsevac
HARRISBURG, PA, January 19, 2007 (LifeSiteNews.com) – A letter addressed to Massachusetts’ ex-governor Mitt Romney has just been made public in which 44 conservative, pro-family leaders from across the nation requested that before stepping down from office, Romney would adhere to the Massachusetts Constitution and repeal his order directing public officials to perform ‘same-sex marriages’.
The letter was hand delivered to members of Romney’s staff on December 20th, 2006 at his office. Romney took no action to adhere to the letter’s requests before he left office at the beginning of the New Year.
The letter cited numerous, historical cases and the Massachusetts’ Constitution to assert that Romney’s actions in implementing ‘gay marriage’ were beyond the bounds of his authority as governor. The authors further asserted that his actions were unconstitutional as were the actions of the four initial judges who formulated the official opinion on the matter in the ‘Goodridge’ case, the case that originally brought the matter to national attention.
Commenting on the ‘Goodridge’ opinion, Judge Robert Bork said that it was “untethered to either the Massachusetts or United States Constitution.”
As quoted in the letter, the MA Constitution denies the judicial branch of its government any authority over the state’s marriage policies. So it was that three of the seven judges that heard the Goodrich case strongly dissented that the court did not have authority to formulate laws.
The letter also outlined how the MA Constitution forbids judges from establishing or altering law. According to the Constitution, such a task is to be left to the legislature. The judges’ opinion in the Goodrich case admitted that they were not altering the standing marriage statute in MA.
Instead, Governor Romney took it upon himself, despite legal counsel to do otherwise, to order officials across the state that they would have to perform ‘gay marriages’, even though, according to Massachusetts law, to do so is a crime. Officials who refused were advised to resign their position.
Throughout the whole ordeal, Romney maintained that he was personally against ‘homosexual marriage’ but that he must “execute the law.” The conservatives’ letter clearly illustrates how Romney was not “executing the law” but merely facilitating the agenda of activist judges – beyond even the judges’ own expectations.
The letter clearly explained how Romney’s actions, in reality, are a crime under Massachusetts because of his oath to uphold the Constitution.
End of lulapilgrim's quote
As to Romney not adhering to the advice of the above stated letter....Why would he? I believe using the advice and direction of his states attorney generals office would be more appropriate don't you? DOH
End of Smoothseas's quote
Because it is the right thing to do.
Massachusetts people were dealing with an aggressive force of men and women who want to change the moral structure of their state and ultimately the nation. There is no right to homosexual "marriage" in Massachusetts Constitution which Romney had taken an oath to uphold. He preferred to do the wrong thing.
End of lulapilgrim's quote
Then I guess you do not believe in the rule of law.
End of Smoothseas's quote
I do firmly believe in the rule of law and your insinuating that I don't shows you lack understanding and knowledge of the events in Massachusetts which led up to Romney's decision on May 17, 2004 to do the wrong thing by ordering town clerks to issue marriage licenses to homosexual couples as per the Massachusetts Supreme Judicial Court's ruling,
Concerning marriage, here is the rule of law.
Marriage is the union of a man and a woman is the most fundamental institution and rule of law not only in America but all over the world. The State, the Law, does not create marriage, it merely recognizes it.
In 1780, the Massachusetts legislature did just that when they adopted the Mass.Constitution. In it, the term marriage meant the God-ordered union of a man and a woman. The rule of law established that marriage is between a man and a woman and the concept of a man marrying another man was considered preposterous if not insane.
Enter the fruits of the 60's sexual revolution and the militant homosexual lobby.....
In 2002, Superior Court Judge Thomas E. Connolly relying on the history of Massachusetts marriage laws and constitutional provisions, Judge Connolly determined that no fundamental right to homosexual "marriage" existed. He denied Goodridge claims for recognition of homosexual "marriage" and said that the issue should be handled by the legislature.
But no, instead of properly handling the issue through the Massaachusetts legislature, Goodridge continued with the highest court in Massachusetts, the Massachusetts Supreme Judicial Court. (MSJC).
With its Nov. 2003 Goodridge decision, Massachusetts Supreme Judicial Court, 4 of the court's 7, imo, socially mad judges, circumvented the constitutional process and arbitrarily imposed homosexual "marriage" on the people of Massachusetts in a brazen and contemptuous act of judicial activism. It ordered the State legislature to change the law and gave it 180 days to do so.
By April, 2004, "Legislative action to change the laws still has not occurred. “He [Romney] placed the blame for the confusion on the Legislature, which has yet to follow a directive from the SJC to change the state’s marriage laws to reflect the legalization of same-sex matrimony." ‘‘I believe the reason that the court gave 180 days to the Legislature was to allow the Legislature the chance to look through the laws developed over the centuries and see how they should be adjusted or clarified for purposes of same-sex marriage; the Legislature didn’t do that,’’ Romney said. Senator Bruce E. Tarr (R) of Gloucester, said he believes the Legislature will ultimately pass bills that will insert genderneutral language into the state’s marriage laws in time for the May 17 deadline. ‘‘No one should interpret inaction thus far with the idea that no action is forthcoming,’’ he said."
So, on May 17, 2004, Gov. Romney ordered town clerks to issue marriage licenses to same-sex couples as per the Supreme Judicial Court's ruling, 180 days after it was issued, without the legislative action called for by the actual ruling.
EDIT: We are done discussing Romney as far as this particular issue is concerned. We've each had a chance to make our case and I want to move on.