- The Washington Times - Friday, May 14, 2004

BOSTON (AP) — A federal appeals court yesterday rejected a last-minute bid to stop the nation’s first state-sanctioned homosexual “marriages” from taking place on Monday.

Conservative groups pledged to take their case to the U.S. Supreme Court.

The 1st U.S. Circuit Court of Appeals upheld a ruling by U.S. District Judge Joseph L. Tauro, who earlier this week refused to issue an emergency injunction to stop homosexual “marriages.”

But the appeals court said it would hear arguments in the case in June, after several weeks of legal homosexual “marriages.”

The injunction was requested by a group of state lawmakers and conservative activists.

On Thursday, Judge Tauro ruled that the state’s high court acted within its authority by ruling in November that homosexual couples have the right under the Massachusetts Constitution to “marry.”

Judge Tauro said the Massachusetts Supreme Judicial Court “has the authority to interpret, and reinterpret, if necessary, the term marriage as it appears in the Massachusetts Constitution.”

U.S. Supreme Court Justice David H. Souter, who is assigned to hear emergency appeals from the 1st Circuit, could decide the request for an emergency injunction on his own or refer it to the full court.

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