Provincetown, MA votes to issue gay marriage licenses
wow. what an interesting battle.
the governor issued a statement earlier saying that he interprets a 1913 state law saying that MA can deny marriage to couples whose states would not recognize such marriage.
AND, in response to the people of Provincetown voting to allow such marriages, he claims to be the supreme interpreter of MA law.
well, Mr. Governor, I think you are wrong, and I think an MA court will also think you are wrong.
From what I've learned in Con Law, if the same separation of powers rationale applies on a national level to a state level, the executive is not the supreme interpreters of the law: the judiciary is. The governor cannot make law, he can only enforce. It is not his job to interpret the laws, it is the court's.
I can't wait till this hits the courts. They will likely strike down the 1913 law, perhaps on P&I grounds? This is a good question for Randy Barnett.
wow. what an interesting battle.
the governor issued a statement earlier saying that he interprets a 1913 state law saying that MA can deny marriage to couples whose states would not recognize such marriage.
AND, in response to the people of Provincetown voting to allow such marriages, he claims to be the supreme interpreter of MA law.
well, Mr. Governor, I think you are wrong, and I think an MA court will also think you are wrong.
From what I've learned in Con Law, if the same separation of powers rationale applies on a national level to a state level, the executive is not the supreme interpreters of the law: the judiciary is. The governor cannot make law, he can only enforce. It is not his job to interpret the laws, it is the court's.
I can't wait till this hits the courts. They will likely strike down the 1913 law, perhaps on P&I grounds? This is a good question for Randy Barnett.
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