Marriage Jurisdiction

There’s been a last-ditch attempt in the last few days by some members of the Massachusetts Legislature to challenge the Massachusetts high court’s same-sex marriage decision. The members of the legislature have made a motion to the Supreme Judicial Court to vacate its own ruling, claiming that the court does not have jurisdiction over marriage issues because the state constitution gives jurisidiction over marriage to the legislative and executive branches.

Here’s the legislators’ brief in support of the motion. Here’s GLAD’s reply brief in opposition. Apparently this issue has already come up a few times over the course of this litigation and has been dismissed each time. I can’t see the court denying its own jurisdiction over marriage, especially at this point. And since this is a state-law issue, it can’t be appealed to the U.S. Supreme Court, so the Supreme Judicial Court of Massachusetts will have the final word on this.