The Massachusetts Supreme
The Legislature did not do so. Rather, Mitt Romney, (now running for the (RINO) nomination for President) issued an executive order directing municipal clerks to issue licenses to homosex couples instead.
Now a group of lawyers claim that such issuance is illegal.
“No argument for the legality of homosexual marriage in Massachusetts can survive an examination either of the state constitution or of the Supreme Judicial Court’s own case law,” said lawyers in a statement to the head of the Washington D.C.-based Family Research Council, Mr. Tony Perkins.
“The Massachusetts Constitution emphatically denies the judiciary the power to strike down laws or to suspend their enforcement or to assume any of the policy-making responsibilities of the elected branches,” the lawyers stated.
“[A]nyone asserting that the [Supreme Judicial Court] decision ‘legalized’ homosexual marriage in Massachusetts is fundamentally wrong about one of the clearest and most forceful parts of the state constitution.”
In fact, the lawyers said, the Supreme Court ruling acknowledged the limitation of judicial power and left it to the legislature to strike down the original marriage statute which excluded homosexual marriage. “Only a constitutional amendment by the people would be allowed to change the constitutional meaning of the term marriage.”
“How did Mitt Romney get the authority to strike down a law that he had sworn to uphold and that the court said would remain in force until the Legislature repealed it?” the lawyers said. “Is Mitt Romney a one-man legislature? The Executive has no legal authority to enforce laws that do not exist.”
This also creates a defense to the "full faith-and-credit" clause of the US Constitution. Since the Mass. "permits" are legally invalid according to these attorneys, there is no Federal Constitutional requirement to recognize these "marriages" in other States.
And the Romniacs in the (R) party will have a small problem, too...