I have heard the rhetoric concerning the Mass. SJC’s verdict as it relates to gay marriage. First and foremost the SJC did not say that gay marriage should be legal nor did it give gays the right to be married in 180 days. If people read the ruling for themselves instead of listening to the media’s ranglings one would know this. The SJC ruled that under the Mass. State Constitution there was the creation of second class citizenry as it relates to gay couples. They said that this condition which is related to commerce is bias and that condition needs to be remedied. That does not mean gay marriage was given the o.k. Furthermore, SJC had no business making any ruling at all since they make judgements on law, and should not be trying to make laws. There is no written law within MGL. statutes that explicitly states that gays cannot marry. Therefore, the remedy for gay marriage lies with the legislature, and not with the courts.

The ruling by the SJC in MA hearkens back to the dissenting ruling in the Texas sodomy case. Justice Scalia stated that the ruling that the government could not make moral jugdements would subvert the governments power and threaten marriage. Justice Scalia went on to say that this ruling would lead to gay marriage being legalize, polygamy, and the downfall of our societal structure. He was vilified for his statements a year ago, but look at what the SJC in MA is doing. It is my opinion that the SJC in MA. was wrong to rule the way they did because it is the legislature who makes laws and one branch of government should not subordinate the power of another. This is unconstitutional and disheartening to those of us who swear to uphold the Constitution of the United States of America with OUR LIVES. This issue of gay marriage should be left up to the voters of MA and not the courts which is the constitutionally sound way to operate within the U.S. Governor Romney not only should block this initiative as it stands, but he should be man enough tell the Court that he and the legislature refuse to take any action in this matter since it wasn’t in the judiciaries power to make any ruling on this case at all since the bringers of this action have not standing in the court.

Will Roach Criminal Justice/Philosophy major