Here’s the more succinct version:
As Governor, Mr. Romney has claimed that he had no choice but to obey the Supreme Judicial Court’s opinion. This claim is false for several reasons.
First, Mr. Romney was not a party to the case. Only parties to a case are bound to obey a court order. As President Abraham Lincoln said in support of his refusal to enforce the United States Supreme Court’s infamous Dred Scott case – the nation’s policy regarding slavery was not determined by a court opinion, even by the highest court of the land. Likewise, the Commonwealth of Massachusetts’ policy regarding marriage may not be determined by the Supreme Judicial Court, the State’s highest court.
Second, the Supreme Judicial Court did not order any party to do anything. Rather, it issued only a declaration that, in its opinion, excluding otherwise qualified same-sex couples access to civil marriage was unconstitutional. Thus, even the Massachusetts Department of Health, which was a party to the case, was not ordered to do anything.
Third, the Massachusetts Board of Health was not authorized by statute to issue marriage licenses. That was a job for Justices of the Peace and town clerks. The only task assigned by the Legislature to the Board of Health was to record the marriage license; it had no power to issue them even to heterosexual couples. So the Department of Health, the only defendant in the case, could not legally have complied with an order to issue marriage licenses to same-sex couples.
Fourth, if the court were to order the Department of Health to issue marriage licenses to same-sex couples, then Mr. Romney’s duty as governor would have been to instruct the Department that it had no authority to do what the court ordered. Nor could the court confer such authority, such an authorization being in nature a legislative, not a judicial, act.
Fifth, the decision whether to implement the Supreme Judicial Court’s opinion was, as the court itself acknowledged, for “the Legislature to take such action as it may deem appropriate in light of [the court’s] opinion.” By the very terms of the order, the Massachusetts legislature had discretion to do nothing.
Sixth, because the legislature did nothing, Mr. Romney had no power to act to implement the court decision. By ordering justices of the peace, town clerks, and other officials authorized to issue marriage licenses to issue marriage licenses to same-sex couples, Mr. Romney unconstitutionally usurped legislative power, a power denied him by the Massachusetts constitution that separated the three kinds of powers into three different departments.
— Herb Titus
http://stevedeace.com/news/iowa-politics/santorum-is-right-romney-is-still-wrong/
The MA legislature couldn't do it, so the ruling took effect. As Governor, Romney could not overrule the Supreme Ct.
In their complaint the plaintiffs request only a declaration that their exclusion and the exclusion of other qualified same-sex couples from access to civil marriage violates Massachusetts law. We declare 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. We vacate the summary judgment for the department. We remand this case to the Superior Court for entry of judgment consistent with this opinion. Entry of judgment shall be stayed for 180 days to permit the Legislature to take such action as it may deem appropriate in light of this opinion. See, e.g., Michaud v. Sheriff of Essex County, 390 Mass. 523 , 535-536 (1983).
(From the original ruling, concurred by the Supreme Ct.)
The State was a party to the suit (State Department of Public Health), Romney as Governor was certainly bound by the decision.
The MA Supreme Court had the authority to rule on this, the USSC refused to hear it and let it stand. Unfortunately, God's law didn't count in this matter.
There was no specific order to anyone, but the ruling stated clearly that gay marriage could not remain illegal.
That entire post is simply obfuscation and "the definition of what is is".
Romney simply enforced the Supreme Court ruling, as he should have. He did, in fact, fight it as long as he could.
The blame for gay marriage rests solely with the court....