2007-JAN-02: ConCon: The lawmakers met again forming a
Constitutional Convention with a joint session of the Legislature. Over
two-thirds of the legislature voted for marriage equality (62 for the
amendment and 134 against.) But a 75% vote is required to stop the process.
The amendment thus advances to receive its final review during the next
legislative session. If it passes this stage, it will be placed on the 2008
ballot. 1
2007-JUN-14: ConCon: By an overwhelming vote of 151 to
45, lawmakers in a joint session of the Massachusetts legislature defeated
the proposed constitutional amendment to deny same-sex couples the right to
marry. Only 50 votes (25% of the legislators) had been needed to place it on the
2008 ballot. Supporters of restricting marriage to opposite-sex couples believed
that they had 57 votes against marriage equality. House Speaker Salvatore F.
DiMasi, Senate President Therese Murray, and Governor Deval Patrick -- along
with gay rights activists -- intensely lobbied about a dozen representatives and
senators who had previously supported the amendment but who indicated that they
were open to changing their positions.
The next ballot opportunity for religious and social conservatives to defeat
marriage equality in the state will not be until 2012.
Responses were mixed, as expected:
Mona Passignano, state issues analyst for Focus on
the Family Action, said: "For all the believers out there who are
utterly devastated by what transpired today in the Massachusetts
Legislature, I want you to think about the old sermon — 'It’s Friday,
But Sunday’s Comin',' When everything seems lost, and your
opponents are strutting around rejoicing, remember – it’s only Friday,
Sunday is coming." 2
MassEquality had mounted a media
campaign with the slogan "It's wrong to vote on rights." On their home
page, they stated: "We won! ... Thanks to you, the Massachusetts
Legislature has beaten back the discriminatory, anti-gay, anti-marriage
Constitutional amendment. The final 151 to 45 vote happened because of
the leadership of Governor Deval Patrick, Lieutenant Governor Tim
Murray, Senate President Terry Murray and House Speaker Sal DiMasi, who
worked tirelessly to defeat this amendment. Thanks to them, our strong
group of legislative allies and the courageous new allies who realized
that no one's civil rights should be placed on a public ballot, all
Massachusetts families are stronger and safer today.
3
Kris Mineau, president of the Massachusetts Family Institute,
issued a statement saying: "The Marriage Amendment won its first
legislative vote and was on track to win its second with a healthy
margin. The unprecedented pressure by leaders on Beacon Hill … derailed
the largest initiative petition drive by citizens in the Commonwealth's
history. ... God is still in control. Though the fig tree does not
blossom, though there be no fruit on the vine, we’re going to press on.
... We will look very closely at the circumstances by which legislators
switched their vote for ethics violations or improprieties.
2
Gay and Lesbian Advocates & Defenders
(GLAD) issued a press release stating: "We’re proud of our state today,
and we applaud the legislature for showing that Massachusetts is
strongly behind fairness. Equality for gay and lesbian citizens has
enriched our state, made our communities stronger, and our families
happier. The vote today was the triumph of time, experience, and
understanding over fear and prejudice. We are deeply grateful to all the
legislators who have been with us every step of the way, as well as to
those who found their way to a vote for fairness. We thank Governor
Deval Patrick, Senate President Therese Murray, and House Speaker Sal
DiMasi, for their courageous leadership. We salute every citizen, gay
and straight, who fought for this victory, led by our talented,
hard-working friends at MassEquality."
4
Former Gov. Mitt Romney, a Republican candidate president, said that
the action by the Legislature is "a regrettable setback. ... Marriage is
an institution that goes to the heart of our society, and our leaders
can no longer abdicate their responsibility." He emphasized the need for
a national constitutional amendment restricting marriage to opposite-sex
couples. 2
Our predictions for the future:
Our predictions turned out to be without merit, at least until 2012, when
religious and social conservatives have the next opportunity to have the voters
of Massachusetts overturn marriage equality in their state.
We normally keep our opinions and our predictions to ourselves. However,
we could not resist this opportunity in mid-2005:
We suspect that the court victory for same-sex marriages (SSM) is liable to
be short-lived in Massachusetts. Since the Massachusetts Supreme Judicial Court
has ruled that the legislators must vote, it seems inevitable that an amendment
to terminate SSM will be placed on the 2008 ballot.
Public opinion polls show that more adults in the state
currently favor SSM than oppose it. However, such numbers do not tell the
whole story. A very large percentage of those opposed to SSM feel very
strongly against recognizing same-sex relationships in any way. A large percentage of those who favor SSM are probably
lukewarm in their support, because it doesn't directly impact their life. Public opinion polls often do not reflect
subsequent voter
action. Constitutional amendments are decided only by those persons who are
sufficiently motivated to actually make the effort to vote. Probably a large
percentage of those opposed to SSM would actually vote to limit marriage to one
man and one woman. Many who favor SSM will not bother to vote.
However, further analysis of public opinion polls shows a massive opinion
shift with age. Those under 35 are typically very much in favor of SSM; those
over 50 are generally strongly opposed. In time, the popular opinion will shift
as advanced age takes its toll.
Eventually -- perhaps decades into this century -- the legislature will probably
respond to this change and restore the state constitution, thus allowing
all loving committed couples in Massachusetts to marry once more.
One factor that is not being actively raised in this debate is whether a
group of citizens (e.g. same-sex couples and their children) can be deprived of
a fundamental human right (e.g. the right to marry the person that they love and
have made a commitment to) as a result of one in four senators and
representatives voting in favor of a plebiscite on two occasions, followed by majority vote
of Massachusetts adults. If that happens, then any group that the majority
considers unpopular could be deprived of fundamental human rights (e.g.
non-Christians might be deprived of religious freedom; Atheists and Agnostics
certainly could; disabled people might be
deprived other rights; even females could have rights removed.) A scary thought
for anyone who is a member of any minority -- and that includes all of us.
References:
The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
"Legislature votes on marriage; Victory!," Massachusetts Family Institute,
2007-JAN/FEB.
Jennifer Mesko, "Massachusetts Lawmakers Silence Voters on Marriage," Focus on
the Family Action, 2007-JUN-14, at:
http://www.citizenlink.org/
"GLAD Cheers Defeat of Anti-Gay, Anti-Marriage Equality Measure," Gay & Lesbian
Advocates & Defenders (GLAD), 2007-JUN-14, at:
http://www.glad.org/ This is a PDF file. You may require software to read it. Software can be obtained free from: