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What really happened in the Goodridge court ruling?

Text of Goodridge decision here.

  • The SJC acknowledged that the Massachusetts marriage statute (M.G.L. Ch. 207) does NOT permit same-sex "marriage".
  • The SJC declared that it's "unconstitutional" not to allow same-sex "marriage." But they did not strike the marriage law. It remains a statute on the books as it was originally written and intended (using the words husband and wife, man and woman).
  • [The Massachusetts Constitution clearly states that a law that remains on the books is the law until it is repealed by the Legislature.]
  • The SJC simply changed a "common law" meaning of the term marriage. But because that term ("marriage") already exists in the statute and in the Constitution, the SJC's "common law" declaration of a new meaning did not and could not change the statute or the words of the Constitution because common law is subordinate to statutory and constitutional law. Only a constitutional amendment could change the constitutional meaning of the term "marriage".
  • The SJC acknowledged in the Goodridge case that they could not legislate and therefore the Court gave the Legislature 180 days to act "as it may deem appropriate."
  • The legislature neither repealed the "unconstitutional" marriage law, nor altered the law by way of a change to the statute, nor by allowing the Constitutional Amendment to go through in 2005.
  • Therefore the "law," the marriage statute, that forbids same-sex "marriage," continues to forbid it.
  • The only reason why same-sex "marriage" licenses are being handed out is because Mitt Romney ordered them to be, but he did that without legal authority under any statute.
  • This is confirmed by the fact that the Massachusetts Legislature, since Goodridge, has had two bills pending before it to change the marriage laws to include same-sex "marriage" (H977/S967) -- both of which were never acted on. If same-sex marriage" was currently legal, there would be no reason to have either of these bills pending before the Massachusetts Legislature.
  • In May of 2004, Governor Romney's Training Session for Town Clerks for implementing "the Goodridge decision" stated the following:
    - Legislature has not made any changes to statutory laws to implement Goodridge
    - SJC did not change the marriage statutes
    - The MA Constitution has not been amended
    - Clerks should be ready to implement the "new law" on May 17, 2004. (What New Law ?!)