AP News, January 2nd, 2007
Calling it a "question of conscience," Gov.-elect Deval Patrick urged legislators Tuesday to avoid voting on an amendment to ban gay marriage despite the Supreme Judicial Court's ruling last week that the state constitution requires such a vote.
Patrick met separately Tuesday with Sen. President Robert Travaglini, D-Boston, and House Speaker Salvatore DiMasi, D-Boston, to lobby against taking an up or down vote on the amendment, which was scheduled to be considered later in the day at a constitutional convention of all 200 House and Senate members.
Patrick, a supporter of gay marriage, urged legislators to avoid a vote on the proposed amendment. A vote to adjourn the joint constitutional convention without taking up the gay marriage amendment would kill the measure and put supporters of a ban back to square one.
"This is not just another question for popular decision. This is a question, under the equal protection clause, about what freedoms the minority is entitled to," Patrick told reporters after meeting with DiMasi. "This is the first time that the petition process has ever been used to consider reinserting discrimination into the constitution."
DiMasi had no immediate comment.
Patrick said he understands that people feel strongly about same-sex marriage, but added that it's time for the state to move onto other issues.
"People feel strongly about this. I respect that. I understand that. What I'm saying is that first of all, from a conscience point of view, I think it is a terrible precedent," he said. "I hope by whatever means appropriate, the constitutional convention today ends this debate."
Last week, the SJC said lawmakers violated the constitution in November when they voted to recess the joint meeting without voting on the amendment. The amendment would need to be approved by 50 member of the current Legislature and 50 members of the new Legislature before going to voters on the 2008 ballot.
While chastising the Legislature for shirking its duty in the constitutional amendment process, the SJC acknowledged that it has no authority to force a separate and equal branch of government to take action.
Supporters of gay marriage are hoping they can rally the simple majority _ 101 votes _ needed to end the session without taking up the question. They are unsure if they have the 151 votes needed to kill the amendment outright.
"I think a vote on adjournment is a vote on the merits," Patrick said.
Patrick's comments came as crowds of gay marriage supporters and opponents returned to the front of the Statehouse to press lawmakers on the measure, which would define marriage in Massachusetts as the union of a man and woman.
Proponents of the amendment, which would ban future same-sex marriages, seized the high ground, standing directly at the foot of the Statehouse steps with signs reading, "Let the People Vote."
"Legislators are sent to Beacon Hill to vote on a matter, not to not vote on a matter," said one of the sign holders, Paul Ferro, 30, of Norton.
Opponents stood on the opposite side of Beacon Street, in front of a Civil War memorial, with their own banners. "Let the people marry," read one.
In a display of the emotions, one of the amendment's backers yelled across the street at a person with a sign reading, "Start Acting Like Christians." The amendment proponent said, "We are Christians, just like you."
Gay marriage opponents have been pushing the amendment, but in November, gay marriages advocates led by House Speaker Salvatore DiMasi voted 109-87, well above the majority needed, to recess without taking a vote until Tuesday, the last day of their session. The move was seen as a way to kill the measure.
Amendment supporters sued and asked the Supreme Judicial Court to clarify lawmakers' duties under the state's constitution.
The SJC ruled last week that lawmakers are defying their constitutional duties by not voting, but said it has no authority to force them to act _ putting Tuesday's actions in question. The convention was scheduled for the final day of the legislative session.
Some lawmakers said they won't vote because the ballot question would write discrimination into the constitution.
Gay marriage opponents claim the people have the right to vote on gay marriage and lawmakers must follow their oath of office.
Travaglini, who runs the convention, has the power to force a vote. He hasn't said what he'll do.
The supporters of the gay marriage ban amendment collected signatures from 170,000 people in an effort to get the question on the 2008 ballot.
Since the marriages began in 2004, about 8,000 same-sex couples have wed in Massachusetts, the only state to allow gay marriage.
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AP reporter Glen Johnson contributed to this report.
