SAME-SEX MARRIAGE (SSM) IN MASSACHUSETTS:
Activity from 2005-SEP to 2006-DEC
Sponsored link.

Events from 2004-SEP to now:
 | 2005-SEP-07: Attorney General approves
petition: Attorney General Thomas F. Reilly approved the wording
of the petition submitted by the Coalition for Marriage & Family. If
it receives a sufficient number of signatures, and is approved by 25% of the
legislature, it will be placed on the 2008-NOV ballot to be voted upon by
the public. The signature gathering campaign will begin on SEP-21 and
conclude on NOV-23. 65,825 registered voters must sign the petition in order
to place the issue before the voters in 2008. |
 | 2005-SEP-08: GLAD to file a lawsuit opposing petition: Lee
Swislow, Executive Director of Gay and Lesbian Advocates and Defenders
(GLAD) is preparing to sue the Attorney General because he certified a
ballot measure to prevent same-sex marriages in the state. He said: "GLAD
will file a lawsuit challenging the Attorney General's decision....No matter
what, we will continue our vigilance in protecting and advancing marriage
equality, in Massachusetts and across New England." Marty Rouse of
Massachusetts Equality said: "We think that [Reilly] has now opened a public
debate that could last three long years. It would be a long, expensive, and
brutal battle. It will be toxic for the state to have this debate." Attorney
General Tom Reilly (D) is a candidate for governor, but states that his
decision is not motivated by his political ambitions. 1 |
 | 2005-SEP-14: Amendment to constitution
defeated: As expected, the constitutional amendment was defeated. The
vote was 157 to 39, with apparently 4 abstentions. The marriages of over
6,500 same-sex couples will remain intact; the state will not forcibly
divorce them. Same-sex couples will continue to have marriage equality in
the state until at least 2008-NOV when the initiative petition will probably
be voted upon by the public. 2 |
 | 2005-DEC-07: 170,000 marriage amendment
signatures collected. The Massachusetts Family Institute reported
that: |
"VoteOnMarriage.org announced today
the completion of the most successful ballot initiative campaign in
Massachusetts history with the collection of 170,000 signatures. This
overwhelming citizen response sends a resounding message to the
lawmakers and activists who want to silence the voice of the people and
deny them a vote on marriage."
Only 65,825 signatures are required to start
the process of altering the state constitution so that the 6,000 or so
same-sex married couples will be forcibly divorced against their will, and
marriage will once more be a special right enjoyed only by opposite-sex
couples. If the proposed amendment receives 50 votes in two successive
legislatures, then it will be placed on the 2008 ballot. 3
 | 2005-DEC-08: Boston Globe has public
opinion survey: The Boston Globe is conducting a survey of public
opinion via the Internet. The question is: "Do you think a question
on banning gay marriage should be on the state ballot?" As of
2005-DEC-08, they received 3,822 votes.
 | 50.4% said No -- the state courts have
spoken on the subject. |
 | 49.8% said Yes. The proponents [of the
initiative petition] have gathered enough signature and are following
the process. 4 |
This poll is probably not particularly
accurate. It is more a measure of which side is able to mobilize their
followers to vote than it is an accurate estimate of true public opinion. If
it does happen to be accurate, then same-sex marriage in Massachusetts is
probably doomed. Those who want to deny same-sex couples the right to marry
are probably considerably more motivated, on average, than those who would
prefer that all loving, committed couples should have the right to marry. So
a much larger percentage of people who are against SSM will vote. The actual
vote will not reflect the wishes of the public, only the wishes of those
energized sufficiently to vote. |
 | 2006-MAR-30: Court finds racist law constitutional: The
Supreme Judicial Court -- Massachusetts' highest court -- ruled
that the
state's 1913 miscegenation law is constitutional. It was intended to prevent
mixed-race couples from coming to
Massachusetts, marrying, and then returning to their state of origin as
a married couple. The law had essentially died decades ago, but has since been
revived to prevent out-of-state couples from coming to Massachusetts and
marrying there. Same-sex couples from Connecticut, Maine, New Hampshire and
Vermont had initiated the case. 5 |
 | 2006: RCFM invites Catholics to sign
petition: The Religious Coalition for the Freedom to Marry (RCFM) has
written a statement in support of marriage equality for
same-sex couples. They invite Catholics in Massachusetts to sign the
petition online. It says, in part: |
"...we believe that the right of every citizen to practice freedom of
religion is based on the principle of respect for the dignity of each
individual. Without that guarantee, the danger of one religious
tradition or doctrine dominating another threatens all and protects
none. Making the equality of citizens not merely an ideal but a living
truth, we wish to affirm the Goodridge decision and the granting of
civil marriage licenses to same-sex couples
They base their belief on the principle of separation of church and
state, their memory of oppression of fellow Catholics in the past, and
Catholic teaching on social justice. They note that: "...same-sex civil
marriage does not in any way coerce any religious faith or tradition to
change its beliefs or doctrine." They "...urge the Church to treat
with respect in both word and deed same-sex couples who have entered into
civil marriages." The full text is available at
http://www.rcfm.org/
where it is available for signing.
 | 2006-JUN-28: Another constitutional amendment to ban SSM: The
state legislature is scheduled to vote again on a constitutional amendment
to ban same-sex marriage. Governor Mitt Romney and Roman Catholic Cardinal
Sean P. O'Malley held a joint news conference, calling on the legislature to
pass the amendment. Cardinal O'Malley expressed his belief that children
should be raised by a mother and a father. He said: |
"We urge that the legislators let everyone's voice be heard...Let the
people vote....This is neither a Catholic nor a sectarian issue. This is
a human issue....To redefine marriage as merely an arrangement among
adults undermines the family and will have serious consequences in our
future."
Marc Solomon, campaign director for the group MassEquality, said that
civil rights matters do not belong on the ballot.
To move forward, the House and Senate will have to pass the amendment at
the 2006-JUL-12 Constitutional Convention. This would have to be followed by
approval at a similar convention during the 2007-2008 legislative session.
Advocates for marriage equality hope to prevent the amendment from passing.
6
The vote scheduled for JUL-12 was postponed until 2006-NOV-9. It will take
place after the next state elections.
 | 2006-SEP-29: Judge allows Rhode Island
same-sex couples to obtain marriage licenses: On 2006-SEP-29,
Massachusetts’ Superior Court Judge Thomas Connolly ruled that the
state of Rhode Island does not have a constitutional amendment, legislature
or judicial ruling that banns same-sex marriage. He ruled in favor of
granting marriage licenses to same-sex couples from Rhode Island. His ruling
stated, in part: |
"Upon consideration of the parties’ oral arguments and submitted
memoranda, this court determines that same-sex marriage is not
prohibited in Rhode Island."
Rhode Island Attorney General Patrick Lynch issued a statement on the
same day:
"This ruling does not authorize same-sex marriages in Rhode Island,
and it does not mean that Rhode Island will recognize a same-sex
marriage performed in Massachusetts. ... As I have consistently
explained, only the Rhode Island legislature or a Rhode Island court can
decide if a same-sex marriage is valid in Rhode Island"
Cybercast News Service (CNS) reported a statement by Matt Daniels. He is
president of Alliance for Marriage, a group devoted to preventing
same-sex couples from marrying. He said:
"This is the latest step in a ten-year process to take the marriage
issue out of the hands of the American people. ... The forces behind the
case have proved that their goals have not changed, which is to destroy
marriage in this country against the will of the people through the
courts. They are determined to use the courts to force ... [same-sex
marriage] on our country." 7
Some same-sex couples who are residents in New
Jersey came to Massachusetts, were married and returned home. The attorney
general of Rhode Island issued an opinion that his state must recognize these
marriages. More details.
 | 2006-NOV-09: ConCon: A constitutional
amendment had been proposed to amend the state constitution to define
marriage as the union of one man and one woman, and thus terminate same-sex
marriage. Its supporters collected about 170,000 signatures in support. The
legislature has been asked to place the question on the 2008-NOV ballot. The
four Roman Catholic bishops of Massachusetts urged their membership to go to
the state house on NOV-09 to agitate for an end to marriage equality. The
letter asks Catholics to "... pray for success on this critical vote."
The Boston Globe reported: |
"Support for same-sex marriage has come from the Reform and
Reconstructionist Jewish movements, the United Church of Christ, the
Unitarian Universalist Association, and others. ... delegates to the
convention of the Episcopal Diocese of Massachusetts voted
overwhelmingly to urge the Legislature to defeat the ballot initiative.
As in the case of the Roman Catholic Church, there are adherents of the
Protestant and Jewish groups who do not agree with their denominational
leaders.
Rabbi Devon A. Lerner, executive director of the Religious Coalition
for the Freedom to Marry said:
"The archdiocese and the religious right who are trying to ban
marriage equality are doing it from a religious perspective, and they're
trying to impose their beliefs on the rest of us, who don't share them.
It's discriminatory against a minority, and it's religious
discrimination."
In a Constitutional Convention (ConCon) the
House and Senate voted 109 to 86 to recess the Constitutional Convention
without taking a vote,
thus preserving marriage equality in the state.
 | 2006-NOV: Same-sex marriage data: The
Massachusetts Registry of Vital Records and Statistics,
reported that 8,764 same-sex couples had married between 2004-MAY-17 -- the
date when the first same-sex weddings became available to 2006-NOV-09.
8 |
 | 2006-DEC-27: ConCon: The
Massachusetts Supreme Judicial Court ruled unanimously that
Massachusetts legislators have a obligation under the state constitution to
vote on all voter initiatives placed They also ruled that the court had no
authority to impose a legal remedy for the plaintiffs. |

References:
The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
- Michael J. Meade, "Gays To Sue Mass. A.G. Over Marriage Amendment,"
365Gay.com, 2005-SEP-08, at:
http://365gay.com/
- "Marriage Equality Wins 157-39," The Freedom to Marry Coalition of
Massachusetts, Email, 2005-SEP-14.
- Massachusetts Family Institute, E-Alert, 2005-DEC-07.
- The Boston Globe poll is at:
http://www.boston.com/
-
Jason Szep, "Gay marriage battles loom across US,"
Yahoo! News, 2006-APR-01. at:
http://news.yahoo.com/
-
Scott Helman, "Lobbying intensifies on gay
marriage; Romney, O'Malley press for vote on a ban," The Boston Globe,
2006-JUN-29, at:
http://www.boston.com/
-
Gudrun Schultz, "Activist Mass. Judge Grants Marriage Licenses to Same-Sex
Rhode Island Couples," LifeSiteNews,
2006-OCT-03, at:
http://www.lifesite.net/
-
Dionne Walker, "Despite Laws, Gay Wedding Industry Booms," Associated Press,
2006-DEC-25, at:
http://my.earthlink.net


Copyright © 2004 to 2007 by Ontario Consultants on Religious
Tolerance
Originally written: 2004-MAY
Latest update: 2007-JUN-15
Author: B.A. Robinson

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