Massachusetts is one step closer to having an anti-gay marriage amendment appear on the 2008 ballot after legislators pushed the proposed amendment through on the final day before the 2006-2007 legislative session expired.
In 2003, Massachusetts Supreme Court ruled that the state's constitution prohibits the denial of lesbian and gays' right to marry. Since then, about 8,000 same-sex couples have wed. The proposed amendment, if passed during a popular vote next year, would keep these marriages intact but ban future same-sex marriages.
The petition filed with the Secretary of the Commonwealth contained 123,356 signatures, more than the three percent of the votes cast in the 2002 gubernatorial election needed to qualify. In November, the state's gay leaders rejoiced after they thought they had convinced the legislature to vote for a recess and not address the constitutional ban. Recently, however, the state's Supreme Court chastised the legislature for stalling a vote on the initiative, although it also ruled that it had no power to intervene.
On Jan. 2, the Massachusetts lawmakers decided to vote on the initiative. Although a vast majority voted against the proposed amendment, 62 voted in favor, pushing it one step closer to qualifying for a popular vote. The next step will require the new legislature to approve the initiative by 50 members—roughly a quarter of the state legislature. If it passes, the ban will appear on the 2008 ballot.
The initiative reads: 'When recognizing marriages entered into after the adoption of this amendment by the people, the Commonwealth and its political subdivision shall define marriage only as the union of one man and one woman.'
The news came as a blow to the local and national GLBT communities, especially considering Massachusetts is the only state in the nation that allows the issuance of marriage licenses to same-sex couples.
'Today's vote by the Massachusetts Legislature threatens to turn the nation's oldest constitution into an instrument of discrimination,' said Human Rights Campaign president Joe Solmonese in a recent statement. 'In the nearly three years since same-sex couples have been allowed to legally marry in Massachusetts, voters have repeatedly made it clear that it's time to move on to other, more pressing issues.'
Despite the setback, there are some hopes for the Massachusetts GLBT community. Incoming Democratic Gov. Deval Patrick—a former Chicagoan who became the first African American to hold Massachusetts' highest office—was sworn in Jan. 4; his step into office ends a longtime Republican reign. Patrick, who opposes the ban, told reporters 'The fight isn't over.' The incoming governor is a vocal supporter of the 2003 decision.
In addition, much like the rest of the country since November, the political landscape in Massachusetts has changed. Because of the recent elections, supporters of the ban have lost a handful of anti-gay legislators, which will make it more difficult to obtain the 50 votes needed. Also, the election added more pro-gay politicians to the state legislature.
On Jan. 4, same-sex marriage opponents withdrew a federal lawsuit that sought $5 million from Massachusetts lawmakers after the November action, according to The Advocate. VoteOnMarriage.org filed the lawsuit in December against 109 legislators who voted to adjourn the legislature without considering the amendment.