Romney could have issued a simple statement that the Court had no authority to enforce its unconstitutional opinion. He could have issued an Executive Order that no changes be made to the marriage license (which read “husband” and “wife”), and that no office holders under his authority facilitate or perform homosexual “marriages.”
Remember: The Court had not even “ordered” the state to print new “marriage” licenses, or that the Justices of the Peace and Town Clerks had to implement same-sex “marriages” on May 17, 2004. (The Court had no authority to order that in any case.) The Legislature passed no new law, leaving the old marriage laws (stating “husband” and “wife”) on the books. So there was no new “law” for the Governor to enforce. Romney -- through directives to his Executive branch employees -- implemented “homosexual marriages”.
But prior to May 17, 2004, many (including some who now hail Romney as the “defender of marriage”) understood that he could block “homosexual marriages”. They should now acknowledge that he could still correct his error by Executive Order.
Here are some of the voices from late 2003 through May 2004:
Article 8 Alliance/MassResistance, 12-03
Since shortly after the Court's ruling, our group called for defiance of "Goodridge", removal of the four judges through a Bill of Address, and an Executive Order from the Governor. We have consistently held these positions. We wrote in late 2003: "The Governor must issue an executive order openly defying any further action by the Superior Court and ordering that: Neither the Department of Public Health nor any public employee in Massachusetts may disobey the current marriage laws; and same-sex marriage licenses will NOT be legally recognized in Massachusetts."
CitizenLink (Focus on the Family), 2-4-04
"Gov. Mitt Romney could issue an executive order to town clerks not to issue marriage licenses to homosexual couples — as he did after the Nov. 18 ruling [this is erroneous; he did not issue any order then] — until after the matter is settled once and for all. [State Rep. Vinny] DeMacedo said he didn't know if the court would accept that action or not, but added it was clear now what the issues really are in the debate." (Karla Dial, CitizenLink.com)
Jan LaRue Legal Counsel, Concerned Women for America, 2-5-04
"Jan LaRue, chief counsel for CWA, dismissed the notion that same-sex "marriage" was now inevitable in Massachusetts. 'The court expressly refused to strike down the state's marriage laws,' LaRue said. 'They are still on the books. The court did not order the Legislature to grant same-sex marriage. It gave the Legislature 180 days to take whatever action 'it deemed appropriate in light of the ruling. Amending the Constitution is appropriate action. If the amendment is passed, the Governor should issue an executive order forbidding the issuances of licenses except to opposite-sex couples in accordance with the marriage laws.' ” (Talon News)
Patrick J. Buchanan, “Mitt Romney: Meet Calvin Coolidge” 2-9-04
“What's a governor to do? … Defy the court. Romney should step out in front of the state press corps and read a statement that would stun America, rally social and judicial conservatives of both parties, and bring every network camera in the nation to Boston: ‘I have read the court's decision, and while I respect the court, I cannot respect its decision. There is no basis for it in law. There is no basis for it in precedent. There is no basis for it in the letter or spirit of the constitution of our Commonwealth nor in the intent of the men who wrote that constitution… And as I took an oath to defend the Constitution of the Commonwealth, I intend to disregard the court order of last November…. I will neither propose nor will I sign any bill from the legislature that places homosexual unions on a moral and legal plane with traditional matrimony. To do so would violate my oath, conflict with my beliefs and trample upon the convictions of the people of this state.' After issuing his statement, the governor should take up leadership of the fight to put on the state ballot a constitutional amendment restricting marriage in Massachusetts to men and women. What would the Massachusetts high court do? Declare Romney in contempt? Order Romney's arrest? Tell state employees to start accepting requests from homosexuals for marriage licenses? Romney could tell the employees to politely reject such requests….” (syndicated column, “Mitt Romney: Meet Calvin Coolidge”)
Ron Crews, Mass. Family Institute/Coalition for Marriage, 3-9-04
"Ronald A. Crews of the Coalition for Marriage said there are options to pursue, even if the Legislature balks again at taking the first step to ban gay marriage in the wake of the state Supreme Court ruling that barring gays from marriage was illegal. ‘‘We do believe there are other options to delay the implementation of the ruling,'' Crews said. One alternative, he said, is to convince Gov. Mitt Romney to issue an executive order to city and town clerks halting the issuance of marriage license to same-sex couples, which would start on May 17 under the supreme court ruling." (Patriot Ledger)
Ron Crews on 4-11-04
" 'We're still hopeful Romney is going to act in what we believe to be his full constitutional authority, to delay and/or prevent the implementation of the Supreme Judicial Court decision' granting marriage licenses, said Ronald A. Crews… For Romney, the options for holding off the May 17 change might include issuing an executive order that would tie the matter up in court, for example, or changing state rules to make the licenses virtually impossible to get. But Romney's spokesman sounds resigned to the issuance of licenses on May 17. 'Going forward, our options are extremely limited,' said Eric Fehrnstrom, the governor's communications director. Romney will not be obstructionist or act outside the law, he added, but the governor is open to legal ways to stop the marriages...." (Boston Globe)
Ron Crews on 4-12-04
"Ron Crews, leader of the Massachusetts Family Institute and an outspoken critic of gay marriage, said, 'It is our hope that the governor will use his full authority as the chief executive to delay the implementation of the SJC decision. We believe he has constitutional authority to act,' Crews said, saying one of the options was to issue an executive order." (Boston Globe)
Genevieve Wood, Family Research Council, 3-30-04 "Wood… says the next step in the battle over marriage belongs to Romney. She urges the governor to remain strong in defending marriage, noting that supporters of traditional marriage are already working on a new amendment and making efforts to change the current one before it appears on the 2006 state ballot. 'There's a lot that can happen over the next year,' Wood says. 'I think what's most important right now is for the governor to stand firm [and] not allow any marriage licenses to be handed out on May 17.' " (Agape Press)
Tony Perkins, President, Family Research Council, 3-30-04"FRC's Perkins says federal legislators should take heed. 'All eyes are now on Governor Mitt Romney, who is the last defense for marriage in Massachusetts,' he says."(Agape Press)
[This seems to imply Romney could somehow act on his own to stop the marriages.]
Robert Knight, Director, Culture & Family Institute, Concerned Women for America, 3-30-04
[Note: Knight (now at Media Research Center) has continued to point out Romney’s culpability in the Massachusetts “marriage” nightmare.]
"Supporters of traditional marriage are urging Romney to intervene via an executive order that would allow the legislative process to proceed. 'It's now up to the governor to put the brakes on this madness,' says Robert Knight of the Culture and Family Institute. 'He needs to make it clear that the law has not changed, and that on May 17, homosexual couples cannot make a mockery of God's institution of marriage.' (Agape Press)
Hadley Arkes, Professor of Jurisprudence, Amherst College, “The Missing Governor” 5-17-04
"EXECUTIVE FAILURE: The deeper failure must go to the man who stood as governor, holding the levers of the executive. And if it is countdown for marriage in Massachusetts, it is countdown also for Mitt Romney, whose political demise may be measured along the scale of moves he could have taken and the record of his receding, step by step, until he finally talked himself into doing nothing, or nothing much. …if the constitutional authority was really with the governor, to act for himself and the legislature, then it made the most profound difference that the governor flex that authority now himself: He could invoke his powers under the constitution; cite the error of the court in seizing jurisdiction wrongfully for itself; and order all licenses of marriage to be sent on to Boston, to his office, until the legislature, in the fullness of time, settled its policy on marriage…. Is it now too late? 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. But why should he make that move when receding has now become his signature tune?" (“The Missing Governor,” National Review Online)
Mathew Staver, Esq., Liberty Counsel, 5-18-04
“Staver also believes action can be taken by Gov. Romney and the state legislature. The Massachusetts constitution specifically gives the executive branch authority over marriage, he noted, with the provision that the legislative branch can delegate authority over marriage to other branches. The legislature has delegated only four such matters to the judiciary – divorce, alimony, annulment and affirmation. The executive branch, through the governor, is empowered to issue an executive order refusing to implement the ruling, Staver contends. The Massachusetts legislature also is empowered to pass a law stating that courts have no authority to redefine marriage.” (WorldNetDaily)
Staver also commented on out-of-state couples, 5-17-04
"While Gov. Mitt Romney, who backed off an earlier edict that couples applying for licenses needed to show proof of residency, seems unwilling to prosecute the scofflaw clerks, attorney Mat Staver of Liberty Counsel is more than ready to do so. 'We'll file suit against the town clerks that violate the 1913 law,' Staver told CitizenLink today. 'One . . . clerk said how would he know if they could get married in their home state? Nobody recognizes same-sex marriage, that's pretty obvious. (Romney) has the authority to issue an executive order to put a stop to this now. He just has to exercise it. He started off well, but he's gotten a little timid. Now is the time for people of courage to step forward.'' (CitizenLink, Focus on the Family)
[We point out that what applies to the 1913 law would also apply to the marriage statutes (one man/one woman) still on the books! Romney could block ANY “homosexual marriage” since those laws have not changed!]
Dr. James Dobson, Focus on the Family, 5-18-04
" 'The documents being issued all across Massachusetts may say 'marriage license' at the top, but they are really death certificates for the institution of marriage as it has served society for thousands of years.' Dobson … said he's distressed the decision to legalize marriage for same-sex couples was fueled by a politically correct agenda with 'no regard for the rule of law' … 'This is not the first time a tyrannical court – in this case the Massachusetts Supreme Judicial Court – has force-fed the people a liberal agenda disguised as the rule of law,' he said. 'But it may be the most devastating example of that kind of judicial activism.' " (WorldNetDaily)
[In other words, there was no real, valid “law” the Governor had to uphold in issuing the licenses. But Dobson, then and now, wants to ignore that it was the Executive branch that facilitated the “marriages”.]
