May 12, 2004
BOSTON, MA - Today at 11:00 a.m., District Judge Joseph Tauro will hear Liberty Counsel's request to prevent the issuance of same-sex marriage licenses. Mathew Staver, President and General Counsel of Liberty Counsel, will argue the case.
Yesterday, a group of 11 Massachusetts senators and representatives joined as plaintiffs in the lawsuit, which Liberty Counsel filed Monday.
In a late filing yesterday afternoon, the Massachusetts Attorney General indicated that his opposition to our request for an injunction was made solely on behalf of the Supreme Judicial Court Justices, admitting that the other defendants under the executive branch -- the Department of Public Health and its commissioner -- "take no position on the plaintiffs' motion."
This admission indicates that the executive branch essentially consents to our request for a restraining order. This admission also indicates that the Attorney General has a conflict of interest because he is representing the judiciary to enforce same-sex marriage, while he also purports to represent the executive branch, which opposed same-sex marriage.
Mat Staver, President and General Counsel of Liberty Counsel, commented, "The fact that we have legislators opposing same-sex marriage on our side and the executive branch's consent to our motion underscores the problem in this case. Clearly, the judiciary has usurped the power of the other two branches of government."
More information, including documents filed by Liberty Counsel, is available at http://www.lc.org/news