Massachusetts Gov. Duval Patrick has appointed lesbian activist and lawyer Maureen Monks as associate justice of the Middlesex Probate and Family Court, effectively ignoring a dissenting vote by the Massachusetts Governor's Council.
WND received official word from the court that Monks was sworn in and formally assumed her position Friday despite the council's recorded 4-4 vote denying confirmation. Monks is required to win five votes to be confirmed by the council.
Monks, 49, a member and co-chair of the Massachusetts Lesbian and Gay Bar Association, is an advocate for "gay" and women's rights. She has represented homosexuals pro bono for Gay and Lesbian Advocates and Defenders.
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The Governor's Council verbally voted 5-2 in favor of her appointment, but Democrat Mary-Ellen Manning arrived behind schedule and cast her vote against Monks. Democrat Marilyn Devaney switched her verbal "yes" to a recorded "no" before the meeting adjourned – effectively creating a 4-4 tie and failing to confirm Monks. Lt. Gov. Tim Murray was present but declined to cast a deciding vote.
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Councilor Manning presented a statement explaining her objection to Monks' nomination, saying the lawyer did not disclose her history of "teaching same-sex marriage concepts to high school students" to the Governor's Council.
Manning also said Monks was prone to side with women over men and that her appointment would be in conflict with the public's perception of fair treatment. While the lawyer claimed to have represented "hundreds of women and men" in her questionnaire, a court review indicated that she had only represented one man in the last eight years.
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Gov. Patrick said he considers the 5-2 verbal vote to be official, though the Massachusetts Constitution requires that all votes be recorded. It does not indicate that verbal votes may be counted.
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