Contributors
Raymond McKay: Reject Lynch’s stand on gay marriage
07:41 AM EST on Monday, March 5, 2007
WITH COMPLETE DISREGARD for the citizens of Rhode Island, the General Assembly, and the state constitution, Atty. Gen. Patrick Lynch on Feb. 21 took on the role of the legislature by proclaiming that “Rhode Island will recognize same-sex marriages lawfully performed in Massachusetts as marriages in Rhode Island.”
His proclamation of this recognition comes without citizens’ being given the right to vote on the matter as the citizens in other states have done. He has also lifted himself above the legislative and executive branches of state government, which have passed no laws recognizing the Massachusetts unions allowed by activist judges there.
This is a great miscarriage of justice and law by the individual charged with enforcing Rhode Island law and protecting its constitution, not with creating laws.
For the past several legislative sessions, the General Assembly has not been able to move any bills out of committee to be made into laws regarding same-sex marriages. The General Assembly is composed of elected officials voted into office by the people to represent their views and craft laws based on those views.
The attorney general ignored this fact and crafted his opinion on personal judgment, rather than going to the legislature. Nor did Mr. Lynch look to the federal law.
In the absence of clear and succinct law on the matter, Mr. Lynch should have passed the issue to the General Assembly, enabling its members to exercise their power as lawmakers, or based his legal opinion on federal law — the Defense of Marriage Act.
Attorney General Lynch refers to same-sex marriages lawfully performed in Massachusetts without mentioning that it was indeed an activist Massachusetts Supreme Judicial Court that dictated that the legislature there must enact a law supporting same-sex marriage.
Here again we have the judicial branch taking a role in government that it does not rightfully have. The members of the Massachusetts Supreme Judicial Court who voted to permit gay marriage should be impeached for usurping powers not set aside to them and dereliction of duty in their constitutionally defined roles.
Does the attorney general’s “opinion” dictate what must be followed?
This question should be put in front of the voters as has been done in several states. Until that has happened, no benefits to people based on gay marriage should be allowed because of an absence of state law and/or ignoring federal law.
When will the Rhode Island voters/taxpayer, who raise their children with their values and who will inevitably foot the bill for some of the benefits to be paid to members of gay unions, get a say in this matter?
Raymond T. McKay lives in Warwick and represents the Rhode Island Republican Assembly.
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