What could be the last gasp of gay marriage foes in Massachusetts was heard by the Supreme Judicial Court on Monday.

The Catholic Action League and its leader, C. Joseph Doyle, want the court to set aside its ruling that allows gay and lesbian couples to marry.

The league's lawyer, Chester Darling, told the justices on Monday that same-sex marriage in the state should be halted until voters have a chance to decide the issue in a referendum.

The legislature voted last year to approve an amendment to the state constitution to ban same-sex marriage. The measure must get approval again in this session of the legislature before going to voters in 2006.

A vote by lawmakers, expected this spring, has been put off until fall and even then it is uncertain if there are enough votes in the legislature to send it to the electorate.

The justices peppered Darling with questions, asking him to justify his position that the rights of Doyle and other opponents of gay marriage were being violated because they had not had their chance to vote.

Justice Robert Cordy disputed Darling's assertion that allowing the marriages to go ahead had stifled debate.

"It seems to me, if anything, it's been enlivened on this subject," Cordy said.

In contrast, the justices had no questions for lawyers for GLAD, the LGBT legal group that won the High Court ruling overturning the state's ban on same-sex marriage.

"They've had their day in court," GLAD attorney Michele Granda said after the hearing. "The [justices'] questions made clear they don't see how Mr. Doyle has been harmed in any way by the issuance of marriage licenses."

The court gave no indication when it might rule.

As reported by 365gay.com

This entry was posted on Monday, May 02, 2005 at 2:43 PM. Want to discuss? Leave a comment below.