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Protesters urge removal of justices Say amending constitution is not the answer
Published Thursday, 26-Feb-2004 in issue 844
BOSTON (AP) – Some protesters opposed to marriage for gays and lesbians say it’s the court, not the constitution that needs to be changed.
About 60 opponents demonstrated outside the Massachusetts Supreme Judicial Court urging state legislators to remove the four justices who formed the majority in last November’s ruling that same-sex couples have a constitutional right to marry.
The four justices who ruled that same-sex couples have a constitutional right to marriage were: Chief Justice Margaret H. Marshall and Justices Judith A. Cowin, John M. Greaney and Roderick L. Ireland. The dissenting justices were Martha B. Sosman, Francis X. Spina and Robert J. Cordy.
Brian Camenker, one of the demonstrators, said he supports removal of the justices instead of a constitutional amendment declaring marriage as a union between a man and a woman.
“If you study the Massachusetts Constitution, the intended remedy for a lunatic judiciary is not amending the constitution every time it happens,” Camenker said. “The intended remedy is to remove judges who exhibit this kind of behavior.”
The Massachusetts Bar Association said removal of judges is rare, and would be more severe in this case than amending the constitution.
“We don’t want to go down a path that would cause judges to fear removal from their position for making unpopular decisions,” association president Richard C. Van Nostrand said. “It essentially punishes the judges for doing their job.”
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