SJC Opinion on Lawsuit Did Not Address Legality of Sen. Birmingham's Actions

MassNews Staff
October 11, 2002

Although Justice Francis X. Spina of the SJC today dismissed a Complaint by Sarah McVay Pawlick against Sen. Thomas Birmingham, it was done solely on technical grounds and did not address the legality of Birmingham's actions, according to the lawyer for the plaintiff, Atty. J. Edward Pawlick.

"This opinion does not in any way address the merits of the suit. It only says that the plaintiff as a private citizen has no ability to sue about it," said Atty. Pawlick.

Atty. Pawlick had stated in his brief to the Court, "Although the parties could argue this case for hours, the personal, policy beliefs of the Justices will decide the issue.The Justices will be able to justify their decision whether they choose to hear this case or not. The law allows them to go either way. It is a judgment call."

In his statement after Justice Spina's opinion, Atty. Pawlick said, "It does not affect what is absolutely clear to everyone, that the Senator did break the law, or that, as the Attorney General said, in his brief, the Governor is now required as a result of the failure to vote on the Amendment to call the Legislature back for a vote on the Protection of Marriage Amendment.

"This decision will not affect the Protection of Marriage Amendment in any way, but we expect to appeal the matter to the full Court in order to help future people of all persuasions who wish to bring Constitutional Referendums. We believe that the fact that only two such Referendums have been submitted to the voters in the 85 years since this procedure was enacted by Progressives in 1918 shows that the system is broken and needs the attention of the Court to the matter."

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