Monday, May 10, 2004

Wait, Wait - "I strenuously object!" 

So spoke Demi Moore's character in A Few Good Men, after a courtroom objection was overruled.

The SJC has now denied a motion to vacate Goodridge. The motion was based on a theory that the SJC was without subject matter jurisdiction to hear the case. Among the reasons for the denial was that the argument had been previously presented, argued, considered and decided in the case.

In an article on about the latest decision, it was noted that former Boston mayor Ray Flynn has filed a separate motion in Suffolk Superior Court, with similar arguments.

Today reports that several conservative groups have filed a motion in U.S. District Court, seeking to block Goodridge, again on similar grounds. According to the article:

The motion argues that the court usurped the constitutional powers of the Legislature and the governor when it changed the state's marriage laws. This, in turn, violated the U.S. Constitution, which guarantees a uniform separation of power in all of the states, the motion argues.

Shari Levitan of Holland & Knight had this to say:

"When the laws that are made violate the state Constitution, it is the court's purview to say yes or no,'' Levitan said. ''I think the significance of this is not the case itself but that it highlights such strong emotions. People are willing to go to the mat with any argument to push their claim."

I have a feeling every day in this final week is going to bring news of additional last-ditch efforts. Whether anyone will come up with something new in their objection, only time will tell. My money says that it will be the same old same old, but more strenuously.

Posted by Beth Henderson at 1:29 PM