Word: same-sex
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...Liberty Counsel cited a clause in the U.S. Constitution regarding “republican” state governments to argue that the SJC’s decision overstepped judicial authority. Instead, the Counsel said, the issue of same-sex marriage should have been decided by popular referendum or the people’s representatives in the legislature...
...Deciding a case that redefines marriage to include same-sex couples is one of those cases that is simply not in the power of the Massachusetts Supreme Court to hear,” said Erik Stanley, the brief’s co-author and chief counsel for Liberty Counsel. Stanley said the Court’s denial was based on the legal grounds of the appeal, not the issue of same-sex marriage...
Harvard professors said yesterday that the Court did not address any significant federal questions relating to same-sex marriage, including whether Massachusetts marriages will be recognized in other states or whether the federal Defense of Marriage Act is constitutional...
...nine justices....Claims that giving the state judiciary this sort of power violates some separation-of-powers norm binding on the states are entirely frivolous,” Tribe wrote in an e-mail. Tribe filed an amicus brief in January urging the SJC to support same-sex marriages...
...ruling ensures that the legal battle over gay marriage will remain below the federal level for now, although President Bush has advocated for a federal constitutional amendment banning same-sex marriage...