WASHINGTON — The decision by Massachusetts' highest court to overturn a
ban on same-sex marriages "defies reason" and rejects "an understanding of
marriage tested over thousands of years and accepted nearly everywhere as
the key to a stable society," the Massachusetts Catholic Conference said
immediately after the Nov. 18 ruling.
The agency representing the commonwealth's Catholic bishops said in a
brief statement that the decision of the Supreme Judicial Court in the case
of Goodridge vs. Department of Public Health "must be reversed."
"As devastating as the ruling is, it will not end the debate," the
statement said. "We urge the state Legislature to send the Marriage
Affirmation and Protection Amendment Act to the 2006 ballot. Thus the people
of Massachusetts can reaffirm marriage as the union between one man and one
woman, overriding the court's misguided decision in furtherance of sound
public policy."
In its 4-3 decision, the court said that "barring an individual from the
protections, benefits and obligations of civil marriage solely because that
person would marry a person of the same sex violates the Massachusetts
Constitution."
The court stayed the opinion for 180 days "to permit the Legislature to
take such action as it may deem appropriate in light of this opinion."
Calling marriage "a vital social institution" that both "provides an
abundance of legal, financial and social benefits" and "imposes weighty
legal, financial and social obligations," the majority opinion by Chief
Justice Margaret H. Marshall said the Massachusetts Constitution "forbids
the creation of second-class citizens."
The commonwealth, the court said, "has failed to identify any
constitutionally adequate reason for denying civil marriage to same-sex
couples."
"We are mindful that our decision marks a change in the history of our
marriage law," the decision said.
"Many people hold deep-seated religious, moral and ethical convictions
that marriage should be limited to the union of one man and one woman, and
that homosexual conduct is immoral," it said. "Many hold equally strong
religious, moral and ethical convictions that same-sex couples are entitled
to be married, and that homosexual persons should be treated no differently
than their heterosexual neighbors. Neither view answers the question before
us."
If it takes effect in 180 days, the decision changes the law only in
Massachusetts.
The majority decision said the Massachusetts Constitution "is, if
anything, more protective of individual liberty and equality than the
federal Constitution; it may demand broader protection of fundamental
rights; and it is less tolerant of government intrusion into the protected
spheres of private life."
"This is the wake-up call for both the American public and our elected
officials," said Family Research Council President Tony Perkins.
"If we do not amend the Massachusetts State Constitution so that it
explicitly protects marriage as the union of one man and one woman, and if
we do not amend the U.S. Constitution with a federal marriage amendment that
will protect marriage on the federal level, we will loose marriage in this
nation," he said.