Massachusetts Judge Allegedly Colluded With Homosexuals

CNSNEWS.com ^ | 6/02/04 | Robert B. Bluey

[kattracks]

(CNSNews.com) - A Massachusetts lawmaker issued what he called a five-count "indictment" against the state's highest judge, Margaret Marshall, on Tuesday, accusing her of conspiring with homosexual activists before ruling in favor of same-sex marriage last November.

Democrat state Rep. Emile J. Goguen wants Marshall ousted as chief justice of the Massachusetts Supreme Judicial Court. The information he released Tuesday cites alleged violations of the state's Code of Judicial Conduct and the Massachusetts Declaration of Rights. However, Goguen's accusations do not represent formal charges against Marshall.

Goguen accused Marshall of "aiding and abetting" Mary L. Bonauto, the attorney who argued the same-sex marriage case for the Gay and Lesbian Advocates and Defenders. Marshall also did nothing when a lower court judge spoke favorably about same-sex marriage, Goguen charged.

The criticism comes a little more than a month after CNSNews.com reported about a speech Marshall gave to the Massachusetts Lesbian and Gay Bar Association in 1999. She was an associate justice at the time.

During that speech, Marshall praised her native South Africa's embrace of sexual orientation protections and the "growing body of gay-friendly international jurisprudence," according to a recap of the event from the Massachusetts Lesbian and Gay Bar Association.

Goguen said Marshall should have disqualified herself from the same-sex marriage case as a result of her 1999 appearance before the bar association. Oral arguments in the case, Goodridge v. Department of Public Health , were held March 4, 2003. It was decided Nov. 18, 2003.

At the time of Marshall's speech, the Massachusetts Code of Judicial Conduct stated, "A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned." The code was slightly modified last year to change "should" to "shall."

"After Justice Marshall gave the keynote address at the Massachusetts Lesbian and Gay Bar Association on May 7, 1999, not only 'might' her impartiality be questioned in the Goodridge case, it would have to be questioned by any impartial person," Goguen wrote. "It was not a secret that Judge Marshall desired that such a case be filed in the Massachusetts courts."

The Supreme Judicial Court's public information officer, Joan Kenney, declined to comment on Marshall's behalf.

"The justices have spoken through their written opinions in the Goodridge case," Kenney wrote in an e-mail to CNSNews.com . "As in every case before the court, the justices do not comment beyond their written opinions, but they respect the right of individuals to express their own views in such matters."

Even before Tuesday's announcement, Goguen caused a stir by crafting a "bill of address" that asks Republican Gov. Mitt Romney to remove Marshall and three other Supreme Judicial Court judges from office. It awaits action from the House Rules Committee.

A similar measure targeting only Marshall was introduced last week by Democrat state Rep. Philip Travis. Both bills are considered mostly symbolic moves, but their sponsors hope to spur some action on the part of the Legislature.

To help bolster his case against Marshall, Goguen has turned to Edward and Sally Pawlick of Massachusetts Citizens for Marriage, a group that has fought to limit marriage to one man and one woman. The Article 8 Alliance, run by Brian Camenker, has also shed light on Marshall's association with homosexual activists.

In addition to Marshall's 1999 speech before the Massachusetts Lesbian and Gay Bar Association, Goguen said it was improper for Marshall to attend the annual gala of the Women's Bar Association, at which Bonauto was honored in 2000.

"Judges should not attend political events, particularly when the honoree was a partisan such as Mary Bonauto, who appeared regularly in Massachusetts courts," Goguen wrote.

Goguen also scolded Marshall for not censuring or disciplining Suzanne V. DelVecchio, chief justice of the Massachusetts Superior Court. The Goodridge case originated in DelVecchio's court, and according to Goguen, she traveled in the same circles as homosexual activists like Bonauto.

Other alleged violations cited by Goguen range from Marshall's alleged public comments about the case to her behavior during oral arguments.

At least one of Goguen's charges appears unsubstantiated. He cites a Christian Science Monitor story from Nov. 21, 2003, as evidence Marshall spoke to the press, a practice shunned upon by the state Code of Judicial Conduct.

But the author of the story, Sara B. Miller, a Monitor staff writer, said she never spoke to Marshall. Instead, Miller interviewed people familiar with the chief justice.

Marshall has defended her silence about the Goodridge case. Following a commencement speech at Oberlin College last weekend, she told The Morning Journal of Lorain, Ohio, "Judges don't talk about their decisions. Not directly or indirectly."

See Earlier Story:
Author of Homosexual Marriage Ruling is Under Fire, Won't Budge (April 28, 2004)

E-mail a news tip to Robert B. Bluey.

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[b4its2late]

Married huh? Yikes. Glad it ain't to me.....

[Dr. Eckleburg]

Marshall who is Protestant.

No, she's a witch.

[mikrofon]

I would say she "co-lewded" with the gay lobby...

This would be the kind of Justice that ol' Chucky Schumer wants to see come up for approval.

[Van Jenerette]

...for later reading.

[weegee]

This scandal needs to be seen. It could even cause some people to look at just what was wrong about the Democrats' Memogate trying to control judicial appointments to affect the outcome of pending legal decisions.

[weegee]

Judicial Watch to the rescue!

Have they ever actually won a case?

[happygrl]

Oh, but don't let any judges have anything to do with the Boy Scouts, as per California's code for judges.

I hope that this brews another Tea Party in Boston with some judges thrown overboard.

[happygrl]

Ping to this expose of the MassSupremeCourt Justice's conflict of interest regarding homosexual marriage.

[Hermann the Cherusker]

Just in her mid-50's? Life must have been rough on her, because her picture makes her look 20 years older than that.

Why does the worst liberal gutter trash of other countries come here anyway?

[MHGinTN]

"A Massachusetts lawmaker issued what he called a five-count "indictment" against the state's highest judge, Margaret Marshall, on Tuesday, accusing her of conspiring with homosexual activists before ruling in favor of same-sex marriage last November." Why you can't expect leftist liberal judges to abide by the laws as passed, when they have an agenda of societal engineering to fullfill! This judge will now be lionized as heroic to the democrat voters.

[NutCrackerBoy]

Ping to the latest doomed attempt to stop the cultural mayhem.

[RedBloodedAmerican]

Who cares!

[EdReform]

Bump & Ping

What We Can Do To Help Defeat the "Gay" Agenda

Homosexual Agenda: Categorical Index of Links (Version 1.1)

Myth and Reality about Homosexuality--Sexual Orientation Section, Guide to Family Issues"

[hosepipe]

[ Massachusetts Judge Allegedly Colluded With Homosexuals ]

Eeeeeewwwwwe..

[Eva]

You're right this needs some attention, similar to the attention that was given to Justice Scalia and forced him to recuse himself and the pressure that the left is putting on him regarding the Cheney case. If we begin to highlight all the speeches and remarks made by leftist judges regarding leftist issues, we can at least bring the judicial activism to the forefront.

[Congressman Billybob]

I knew, and had written about, the conflict of interest by the Chief Judge of the Massachusetts Supreme Judicial Court. As a matter of the clear requirements of judicial ethics, she should have recused herself. And if she had done so, this entire national disaster would not have occurred.

The lower court in Masssachusetts had ruled AGAINST homosexual marriage. If this one bad judge had been off the case, all other votes being identical, the SJC of Mass. would have UPHELD the lower court by a tie vote, 3 - 3.

One small deviation by one unethical and dishonest judge is having huge, national consequences. And even though there are grounds to remove this judge, I doubt that she will be removed. And even if she is removed, the problem she created will continue.

Congressman Billybob

Latest Article, "Why Bush's War College Speech Fell Flat"

[F16Fighter]

MEMO TO PRESIDENT DUBYA BUSH AND JOHN ASHCROFT:

1) INVESTIGATE AND INDICT MARGARET MARSHALL

2) INVESTIGATE AND INDICT WHOMEVER NECESSARY ON THE 9th CIRCUIT COURT

3) INVESTIGATE AND CLEAN HOUSE OF ALL CLINTON APPOINTEES TO THE JUDICIARY.

If you don't, you are risking losing the Republic the leftist judicial tyranny.

DO YOU WANT TO TAKE THAT RISK??

[MHGinTN]

Do you remember the media outcry when clinton's first act as newly elected president was to fire all Federal prosecutors and appoint a brigade of his choosing?... You're right, there was no media outcry since the liberal leftist media loved the boldness! They knew what would follow, but they were unlikely to have foreknown the way this move protected the demcorat criminal extortion machine through Dept. of Commerce.

[F16Fighter]

"Do you remember the media outcry when clinton's first act as newly elected president was to fire all Federal prosecutors and appoint a brigade of his choosing?...

You're right, there was no media outcry since the liberal leftist media loved the boldness! They knew what would follow, but they were unlikely to have foreknown the way this move protected the demcorat criminal extortion machine through Dept. of Commerce."

Hear hear! That's why Dubya and the DoJ MUST clean House! NOW!

We're obviously at war with the RATS for the soul of the country.

If the Democrats and Teddy-the-Drunken Swimmer havn't already made that clear, then waaay too many in the Bush Administration have found some of Bubba's stash and have been bonging their way to denial.

[MHGinTN]

There are several agenda items that are not addressed during the first term, but they by gosh better get addressed in the second term of President Bush or this nation will not survive the return of democrats to power!