Tuesday, January 03, 2006

Not Too Late for Romney to Act on "Gay Marriage" Ruling

Article 8 Alliance has posted a great page, reiterating the continuing illegality of "gay marriage" in Massachusetts. The main point, which this blog has been making for a year now, is that there is NO STATUTORY BASIS for the homosexual marriages in this state. We in fact drafted Bill H654 currently before the legislature, which states:

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: It is hereby declared that all same-sex marriages performed under public authority in Massachusetts since May 17, 2004 are without statutory basis; and no marriage performed in Massachusetts will be considered legally binding which is not established by Massachusetts statute, not withstanding licensing through the Massachusetts Department of Public Health, or city or town clerk.

The Article 8 page includes a link to an article by constitutional law scholar Hadley Arkes (in National Review Online) from the day "gay marriages" began in Massachusetts -- May 17, 2004. Arkes said something then that still applies. And if Gov. Romney has national ambitions, he should take note, and take action:

Is it now too late [for Gov. Romney to act against "gay marriage"]? That isn't altogether clear. Today has become the decisive date only because of the holding of the Supreme Judicial Court. But this argument over the error of the court, or the wrongful taking of jurisdiction, does not expire on May 17. That argument is still open, which means that it could be plausible for the governor to make that move at any time. ...

If he were going to open himself to controversy and litigation, why not finally take his stand on the constitution itself, where his own authority on matters of marriage is clearly spelled out? And in taking his stand on the constitutional question, he would move to higher ground, with the burden of challenge shifted to the courts. As the arguments and recriminations fly freely about, he can in effect blow the whistle, invoke his authority, shift the focus dramatically, and make it clear — to the relief of the public — that a grownup is finally in charge.

It might have been a striking appeal to the south and west in the Republican party, that there was a northern governor, aligned with them in their moral perspectives, and with the resolution to act. [Emphasis added]

We say it's still not too late for Gov. Romney to take decisive action!