It ain’t over yet. M…

It ain’t over yet.

Massachusetts lawmaker issued what he called a five-count “indictment” against the state’s highest judge, Margaret Marshall, on Tuesday, accusing her of conspiring with homosexual activists before ruling in favor of same-sex marriage last November.

Democrat state Rep. Emile J. Goguen wants Marshall ousted as chief justice of the Massachusetts Supreme Judicial Court. The information he released Tuesday cites alleged violations of the state’s Code of Judicial Conduct and the Massachusetts Declaration of Rights. However, Goguen’s accusations do not represent formal charges against Marshall.

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The criticism comes a little more than a month after CNSNews.com reported about a speech Marshall gave to the Massachusetts Lesbian and Gay Bar Association in 1999. She was an associate justice at the time.

During that speech, Marshall praised her native South Africa’s embrace of sexual orientation protections and the “growing body of gay-friendly international jurisprudence,” according to a recap of the event from the Massachusetts Lesbian and Gay Bar Association.

Goguen said Marshall should have disqualified herself from the same-sex marriage case as a result of her 1999 appearance before the bar association. Oral arguments in the case, Goodridge v. Department of Public Health , were held March 4, 2003. It was decided Nov. 18, 2003.

At the time of Marshall’s speech, the Massachusetts Code of Judicial Conduct stated, “A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned.” The code was slightly modified last year to change “should” to “shall.”

It sounds like, if this is true, the whole case is called into question. (To be honest, I don’t know how the other justices voted.) And if true, shows that not only is it a case of the judiciary overriding the legislature, but in order to get it done there had to be a corrupt judge willing to ethically look the other way. Like I said, it ain’t over yet.

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