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May 14, 2004
SUPREME
COURT DECLINES TO ISSUE EMERGENCY ORDER STOPPING SAME-SEX MARRIAGE IN MASSACHUSETTS
BOSTON,
MA - Today, the United States Supreme Court declined to issue an
emergency stay of the Massachusetts Supreme Judicial Court's decision to
allow same-sex marriages. The case will now be returned to the First Circuit
Court of Appeals for a decision. That Court set the case for an expedited
briefing schedule, with Liberty Counsel's Brief due May 21 and the State's
Brief due May 28. Oral argument will be set for the week of June 7.
Mathew
Staver, President and General Counsel for Liberty Counsel, who argued the
case before the Federal District Court on behalf of 11 legislators and a
Boston resident, will present argument before the First Circuit Court of
Appeals.
In
response to the ruling Staver said, "We will continue to press this
case as far as necessary to ensure that the separation of powers principle
is upheld in Massachusetts. The Guarantee Clause issue survives even though
the Court refused to issue a stay against the Supreme Judicial Court's deadline
to allow same-sex marriage of May 17, 2004. This case is vitally important
- the republican representative form of government must be restored so the
people can have a chance to define marriage. Although an emergency injunction
has not been granted, I am pleased the court of appeals expedited the appeal
and agreed to hear this case in the next few weeks. We will be asking for
the court of appeals to issue an injunction to stop the issuance of same-sex
marriage licenses. The battle over same-sex marriage is far from over. In
fact, it is just beginning. The circumstances in Massachusetts underscore
the need for a federal constitutional amendment to preserve marriage between
one man and one woman."
Updates
will be posted online at http://www.lc.org/news
Liberty
Counsel, headquartered in Orlando, Florida, is a national public interest
law firm dedicated to advancing religious freedom, the sanctity of human
life and the traditional family. On the campus of Liberty
University School of Law in Lynchburg, Virginia, Liberty Counsel's Center
for Constitutional Litigation and Policy trains attorneys, law students,
policy-makers, legislators, clergy and world leaders in constitutional principles
and government policies.
Mathew
D. Staver, Esq.
Liberty Counsel
PO Box 540774
Orlando, FL 32854
800-671-1776
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