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National News

Court Can't Force Gay Marriage Vote

Thursday, December 28, 2006 5:26:50 AM
By JAY LINDSAY

Lee Swislow, executive director, Gay & Lesbian Advocates & Defenders, right, speaks as  Marc Solomon, campaign director, MassEquality, looks on, during a news conference in Boston, Wednesday, Dec., 27, 2006, to discuss the ruling issued by the Massachusetts Supreme Judicial Court concerning gay marriage. The state's highest court on Wednesday said even though lawmakers have defied their constitutional duties by failing to vote on a proposed constitutional ban on gay marriage, the court has no legal authority to force them to act. (AP Photo/Chitose Suzuki)BOSTON (AP) - The Massachusetts judges who legalized gay marriage say they cannot force state lawmakers to vote on a proposed constitutional amendment to prohibit the same-sex unions.

The Supreme Judicial Court said lawmakers are defying their constitutional duties by not voting, but said it has no authority to force them to act.

"Beyond resorting to aspirational language that relies on the presumptive good faith of elected representatives, there is no presently articulated judicial remedy for the Legislature's indifference to, or defiance of, its constitutional duties," Justice John Greaney wrote for the unanimous court on Wednesday.


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