A proposed ballot
initiative that would ban same-sex marriage passed a
key hurdle Wednesday when the Massachusetts attorney general
ruled it would be permitted under a section of the
state constitution allowing voters to overturn court decisions.
The action by Atty. Gen. Tom Reilly, a
Democrat who is expected to run for governor in 2006,
clears the way for conservative groups to begin the
long process of gathering signatures and lobbying lawmakers
in hopes of putting the issue before voters in 2008.
Supporters now must go out and gather the
signatures of at least 65,825 Massachusetts voters. If
they are successful, the question then must by
approved by 25% of two successive sittings of the 200-member
state legislature. The question would then be placed
before voters again as a constitutional amendment in 2008.
The state's highest court ruled in 2003 that it
was unconstitutional for the state to ban marriages
for gay and lesbian couples. The following spring the
nation's first state-sanctioned same-sex marriages began
taking place in Massachusetts, and thousands of gay couples
have since tied the knot.
In a letter last week, Gov. Mitt Romney urged
Reilly to certify the ballot question, saying that
voters "should not be denied meaningful participation
in the legal definition of marriage."
On Tuesday, California lawmakers became the
first in the country to approve a bill allowing
same-sex marriages. The legislation could still be
vetoed by Gov. Arnold Schwarzenegger, who has expressed an
acceptance of same-sex marriages but said it is an
issue that should be decided by voters or the courts.
"He will uphold whatever the court decides,"
spokeswoman Margita Thompson said Tuesday after the state
assembly approved the same-sex marriage measure, 41-35. The
senate approved it last week.
A state appellate court is considering appeals
of a lower court ruling that overturned California
laws banning recognition of same-sex marriages. And
opponents of same-sex marriage are trying to qualify
initiatives for the 2006 ballot that would amend the state
constitution to prevent marriage equality for gay and
lesbian couples. The bill's supporters compared
the legislation to earlier civil rights campaigns,
including efforts to eradicate slavery and give women the
right to vote. (AP)