The opinion of the Massachusetts Supreme Court entitled OPINIONS OF THE JUSTICES TO THE SENATE *, which has recently been in the news, is based solely on the Massachusetts Constitution, and thus should be impervious to any appeal to the U.S. Supreme Court. For reasons that I have mentioned earlier at this site, there is no constitutional basis for any amendment to the U.S. Constitution to overturn this decision. The folks in Massachusetts, in my opinion, should have to live with the results of their Supreme Court's decision, unless and until appropriate processes under the laws of the Commonwealth can counter it.
A quote from the opinion:
The bill's absolute prohibition of the use of the word "marriage" by "spouses" who are the same sex is more than semantic. The dissimilitude between the terms "civil marriage" and "civil union" is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status.
(Quaere which same-sex couples are not homosexual.)
My favorite comment is that by Pat Buchanan, who of course deems this ruling an "outrage" and would surely favor invasion of Massachusetts by Federal troops:
"By next June, we'll have a bevy of blushing brides with beards and mustaches."
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* We have applied a tinyURL to the opinion, since the original URL is as follows:
http://weblinks.westlaw.com/Search/default.wl?RP=%2FWelcome%2FFrameless%2FSearch%2Ewl&n=3&ACTION=SEARCH&bhcp=1&bQlocfnd=True&CFID=0&DB=MA%2DORSLIP&Method=TNC&query=to%28allsct+allsctrs+allsctoj%29+&RLT=CLID%5FQRYRLT564462&sp=MassOF%2D1001&ssl=n&strRecreate=no&sv=Split&RS=WEBL2.92&VR=2.0&SPa=MassOF-1001&serialnum=2004108962
11:01:52 PM
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