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Wednesday, January 03, 2007

Gay-marriage foes win in Mass. - Legislators take step to put ban on ballot in '08

Gay-marriage foes win in Mass. - Legislators take step to put ban on ballot in '08
By Ellen Barry,
Copyright © 2007, Chicago Tribune - Tribune Newspapers: Los Angeles Times; The Associated Press contributed to this report
Published January 3, 2007

Massachusetts legislators on Tuesday took a first step toward a ballot initiative against same-sex marriage, raising the possibility that gay marriage could be phased out in the only state that allows it.

Massachusetts has allowed same-sex couples to marry since 2004. Gov. Mitt Romney ordered town clerks to begin issuing licenses to comply with a decision of the state's Supreme Judicial Court, which found that it was unconstitutional to limit marriage to heterosexuals.

Opponents have sought a constitutional amendment prohibiting same-sex marriage. They collected more than 170,000 signatures, more than the number required to submit the question to voters.

But many state legislators resisted the idea, arguing that a referendum on gay marriage would hurt the state.

Massachusetts' initiative process requires at least a quarter of state legislators to approve the ballot question in two consecutive sessions. Last fall, the legislature voted to adjourn the session without voting on the gay-marriage initiative, which would have killed it.

The stalling tactic angered Romney, a gay-marriage opponent, who joined in a lawsuit against the legislators seeking to force a vote on the initiative. Then, last week, the Supreme Judicial Court weighed in with a scathing judgment: "Those members who seek to avoid their lawful obligations ... ultimately will have to answer to the people who elected them." The justices acknowledged, however, that they had no authority to force action.

Under increasing pressure, lawmakers convened Tuesday for a final, tumultuous day of political brinksmanship. In a morning vote, the initiative won the support of 61 legislators, more than the 50 needed. But the vote was cast into question when a member proposed a reconsideration. Hours later in a second vote on the issue, the initiative gained the backing of 62 legislators, with 134 lawmakers opposed.

A quarter of the legislature will have to approve the measure again in the next legislative session in order for it to appear on the ballot in 2008.

If the amendment makes it onto the ballot and residents approve it, it would leave Massachusetts' 8,000 gay marriages intact but ban any new ones.

When the result was announced, gay-marriage advocates "struggled mightily not to lose their cool and break into tears," said Arline Isaacson, co-chairwoman of the Massachusetts Gay and Lesbian Political Caucus.

"If we don't save marriage equality here, we may well be doomed to not have it anywhere," she said.

Lisa Barstow of VoteOnMarriage.org, which proposed the initiative, said she was "thrilled" at the outcome.

"It's unfortunate that citizen initiative petitions have to go through hell and high water to advance, but at the end of the day we say that democracy was served," she said. She said she expects the initiative to pass again, "hopefully with a little less angst."

But it was also clear that more resistance awaits. Hours before the vote, incoming Gov. Deval Patrick called the ballot measure "irresponsible and wrong."

"This is a question of conscience," said Patrick, who will be sworn in on Thursday. "Using the initiative process to give a minority fewer freedoms than the majority, and to inject the state into fundamentally private affairs, is a dangerous precedent, and an unworthy one for this commonwealth."

Since the Massachusetts high court decision set off a national debate over gay marriage in 2003, voters in 26 states have passed constitutional amendments banning gay marriage. No other state has allowed gay couples to marry, though Vermont, New Jersey and Connecticut allow civil unions, and California's domestic partnership law guarantees many of the rights of marriage.

On Tuesday, crowds of gay-marriage supporters and opponents returned to the Statehouse to press lawmakers on the issue.

Proponents of the amendment stood at the foot of the Statehouse steps with signs reading "Let the People Vote."

Opponents stood on the opposite side of the street, in front of a Civil War memorial, with their own banners. "Let the people marry," read one.

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