March 5, 2007

Nonfeasance Must End

Nonfeasance Must End

Three letters indicate polluted public discourse regarding same sex marriage. (Darren Brannon, "Romney attacks hateful," Rachel Culley, "Marriage should not be put up to a vote," and Margaret Barusch, "Leave my friends alone," Cambridge Chronicle, December 7, 2006, page 13) The MA Constitution states clearly that matters regarding marriage are to be left to the Governor and to the legislature. The Marshal Court ignored that part of the Constitution regarding jurisdiction.
Romney's suit asks the court, not for judicial activism as Brannon calls it, but for a writ to force the legislature to fulfill its constitutional duty. The refusal of two Senate presidents (first Birmingham then Travaligni) to allow a vote are violations of the Constitution as well.
A Writ of Mandamus is an old action, not a new legal path. Culley says, "the Legislature dismissed [an] effort to put gay marriage on a statewide ballot." The Constitution says the convention "shall" vote on a citizen petition. It does not say "may."
The legislature did not vote on the merits of same sex marriage or even on whether to place the citizen petition for a ballot question on the ballot. That is the issue. It is a violation of the Due Process rights of 170,000 citizens.
A vote to recess is not a vote on the merits. It is a stalling tactic by spineless politicians. Culley and Barusch use the term "right" referring to marriage. There is no right to marry. Barusch sees a conspiracy of right wingers.
Many supporters of same sex marriage oppose the unconstitutional tactics. The same sex petition is one of several that are stalled. Barusch thinks that nonfeasance by elected officials is not a pressing matter.
Corruption is the most pressing matter. Ignoring corruption of the courts and the legislature is an outrage. Culley and Barusch see "no harm done" by this contempt for law. That is a shortsighted. Until same sex marriage is approved by the voters or their representatives the court decision will remain vulnerable.
Rights of black Americans were enforced only after the Civil Rights Act became law enacted by the U.S. Congress. Shortcuts for one group can as easily be used by other groups for offensive laws that can destroy all freedoms not only the freedom to marry.
--
Roy Bercaw, Editor
ENOUGH ROOM
Cambridge MA USA

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