Massachusetts Judge Probably

Colluded With Homosexuals

In an article published by CNSNews.com, June 02, 2004[1], staff writer Robert B. Bluey revealed Democratic State Representative Emile J. Goguen wants Margaret Marshall ousted as the chief justice of the Massachusetts Supreme Court. Represntative Goguen issued what he called a five-count "indictment" against Marshall accusing her of conspiring with homosexual activists before ruling in favor of same-sex marriage last November.

Though the information he released cites violations of the state's Code of Judicial Conduct and the Massachusetts Declaration of Rights, Goguen's accusations do not represent formal charges against Marshall. Goguen accused Marshall of "aiding and abetting" Mary L. Bonauto, the attorney who argued the same-sex marriage case for the Gay and Lesbian Advocates and Defenders. Marshall also did nothing when a lower court judge spoke favorably about same-sex marriage, Goguen charged.

A month earlier CNSNews.com reported Marshall gave a speech to the Massachusetts Lesbian and Gay Bar Association in 1999 when she was an associate justice. Marshall praised her native South Africa's embrace of sexual orientation protections and the "growing body of gay-friendly international jurisprudence," according to information on the event from the Massachusetts Lesbian and Gay Bar Association.

Representative Goguen said Marshall should have disqualified herself from the same-sex marriage case as a result of her 1999 appearance before the bar association. Oral arguments in the case, Goodridge v. Department of Public Health , were held March 4, 2003. It was decided Nov. 18, 2003. At the time of Marshall's speech, the Massachusetts Code of Judicial Conduct stated, "A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned." The code was slightly modified last year to change "should" to "shall."

"After Justice Marshall gave the keynote address at the Massachusetts Lesbian and Gay Bar Association on May 7, 1999, not only 'might' her impartiality be questioned in the Goodridge case, it would have to be questioned by any impartial person," Goguen wrote. "It was not a secret that Judge Marshall desired that such a case be filed in the Massachusetts courts."

The Supreme Judicial Court's public information officer, Joan Kenney, declined to comment on Marshall's behalf. She said "The justices have spoken through their written opinions in the Goodridge case,[2] As in every case before the court, the justices do not comment beyond their written opinions, but they respect the right of individuals to express their own views in such matters."

Represntative Goguen had earlier caused a stir by crafting a "bill of address" that asks Republican Gov. Mitt Romney to remove Marshall and three other Supreme Judicial Court judges from office. This bill awaits action from the House Rules Committee. A similar measure targeting only Marshall was introduced by Democrat state Rep. Philip Travis. Both bills are considered mostly symbolic moves, but their sponsors hope to spur action on the part of the Legislature.

To help his case against Justice Margaret Marshall, Represntative Goguen has turned to Edward and Sally Pawlick of Massachusetts Citizens for Marriage, a group that has fought to limit marriage to one man and one woman. The Article 8 Alliance, run by Brian Camenker, has also revealed information on Marshall's association with homosexual activists.

In addition to Marshall's 1999 speech before the Massachusetts Lesbian and Gay Bar Association, Goguen said it was improper for Marshall to attend the annual gala of the Women's Bar Association, at which Bonauto was honored in 2000. "Judges should not attend political events, particularly when the honoree was a partisan such as Mary Bonauto, who appeared regularly in Massachusetts courts."

Representative Goguen also reproved Marshall for not censuring or disciplining Suzanne V. DelVecchio, chief justice of the Massachusetts Superior Court. The Goodridge case originated in DelVecchio's court, and Mr. Goguen said she traveled in the same circles as homosexual activists like Bonauto. Other violations cited by Goguen range from Marshall's public comments about the case to her behavior during oral arguments.