Jul 10, 2006 6:28 pm US/Eastern
Gay Marriage Ballot Question Approved By SJC
BOSTON (CBS4) ―
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More than 7,000 gay couples have married since the ruling took effect in May 2004.
CBS4
The state's highest court ruled Monday that a proposed constitutional amendment that would outlaw gay marriage was properly certified by the attorney general.
That means the amendment can go before voters, if it is advanced by the Legislature.
The ruling was the result of a lawsuit brought by gay-rights supporters who argued that Attorney General Tom Reilly was wrong to approve the question because the state constitution bars any citizen-initiated amendment that seeks to reverse a judicial ruling.
But Reilly has said the initiative would not reverse the ruling but amend the constitution so that no additional gay marriages could take place.
The justices ruled that Reilly's office made no error in certifying the question, which could appear on the 2008 state ballot.
In order for that to happen, however, at least 25 percent of state lawmakers would have to approve the amendment in the current legislative session and again during the 2007-2008 session.
The state Legislature is expected to take up the question Wednesday during a constitutional convention.
The Supreme Judicial Court cleared the way for same-sex marriages in Massachusetts with its historic ruling in 2003. More than 8,000 gay couples have married since the ruling took effect in May 2004.
Citizen-initiated ballot questions must be certified by the attorney general and then approved by two consecutive legislative sessions. Before the marriage question could be placed on the 2008 ballot, supporters would need to win the votes of 50 lawmakers -- 25 percent of the Legislature -- in two consecutive sessions.
The executive director of Gay and Lesbian Advocates and Defenders says she's disappointed but not surprised by the ruling, which came from the same court which legalized gay marriage in 2003.
Lee Swislow says her group will now focus its attention on defeating the amendment when it comes up in the Legislature later this week.
Former Boston Mayor and Ambassador to the Vatican Ray Flynn was among the first signers of the petition to place the amendment on the ballot. Flynn is urging lawmakers to give Massachusetts residents a chance to vote on the measure.
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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