A measure to oust the four justices who voted for same-sex marriage in Massachusetts will be considered today by the state legislature's Joint Judiciary Committee.
The measure, filed by Democratic state Rep. Emile Goguen filed in April 2004, contends the justices violated multiple articles in the state constitution prohibiting courts from nullifying existing laws and requiring that laws remain in effect until the legislature repeals them, regardless of the actions and opinions of the judiciary branch
The bill names Chief Justice Margaret Marshall and justices John M. Greaney, Roderick L. Ireland and Judith A. Cowin. The last time Massachusetts lawmakers removed a Supreme Judicial Court justice was 1803.
Gouguen has accused Chief Justice Marshall of conspiring with homosexual activists before her 2003 ruling, citing alleged violations of the state's Code of Judicial Conduct and the Massachusetts Declaration of Rights. Gouguen contends she aided and abetted Mary L. Bonauto, the attorney who argued the same-sex marriage case for the Gay and Lesbian Advocates and Defenders.
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