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Massachusetts High Court Hears Arguments to Halt Same-Sex Marriages

The Massachusetts Supreme Court heard arguments on Monday in a bid to halt same-sex marriages until a public vote can be held on the state’s proposed marriage amendment.

The Massachusetts Supreme Court heard arguments on Monday in a bid to halt same-sex marriages until a public vote can be held on the state’s proposed marriage amendment.

Massachusetts is the only state that recognizes same-sex marriage after making a landmark court ruling in November 2003. Since then, no less than 5,000 homosexual couples have had their union legally recognized.

In March 2004, the state legislature approved a constitutional amendment to ban same-sex marriage. In order to amend the constitution, the bill must receive a second approval by the current legislature and final approval by a statewide referendum. The measure is likely to go up for public vote as early as November 2006.

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C.J. Doyle, the executive director of the Catholic Action League of Massachusetts, filed a lawsuit to stop same-sex marriages until the public has a chance to vote on the amendment. Doyle says that allowing the marriages interferes with the public’s ability to debate the issue.

Doyle, represented by Attorney Chester Darling, first made his request last year, but was denied by Justice Roderick Ireland.

Justice Ireland, one of the four justices who voted in favor of same-sex marriage in 2003, wrote in his ruling last year, “Why should same-sex couples... be required to wait to exercise [their] right simply because the petitioner and others hope... to be able to amend the Constitution and take away that right at some point in the future?”

In defense of Doyle’s position, Attorney Darling argued that the state’s continued recognition of same-sex marriages throughout the debate essentially stifles the debate, because it decides the issue even before the public has had a chance to make their own decision.

On Monday, Darling made his arguments in an appeal before the full Supreme Judicial Court, asking once again for the court to put a halt on same-sex marriages.

As of now, the court has yet to make a decision on the case.

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