Finally, someone is …
Finally, someone is taking on judicial activism in the same-sex marriage issue.

With just two weeks until Massachusetts enacts same-sex marriage, two noted state citizens filed a motion yesterday to dismiss the November high court decision upon which the new law is based.

The Supreme Judicial Court “effectively amended” the Massachusetts constitution, charge Ray Flynn, former U.S. ambassador to the Vatican and mayor of Boston from 1984 to 1993; and Thomas A. Shields, a Boston businessman.

According to the motion, the Nov. 18, 2003, decision redefined the term “marriage.”

In the Goodridge opinion, the Supreme Judicial Court called its construction of marriage a “reformulation,” the Flynn and Shields note.

However, the term “marriage” is in the Massachusetts constitution, their attorneys argue, and the authority to amend the constitution resides only in the people of Massachusetts, not in the courts or any other branch of government.

We’re finally seeing folks call this for what it is. Some judges are no longer just deciding cases based on law, they’re no longer just interpreting what the law is, they’re now trying to make law. The irony is that they’ve decried that very thing before.

As the motion points out, the attorneys say, backdoor constitutional amendments such as the Goodridge decision have been condemned in other opinions by the SJC.

Yet they went ahead and rewrote it themselves anyway. Can’t even stick to their own precedents. If this keeps up…

“If the court rules against the motion to dismiss, the Massachusetts constitution will have become the instrument of judicial whim and tyranny, and not the democratic bulwark it once was,” Bull said.


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