national
Mass. seeks high court opinion
Asks if civil unions will meet mandate
Published Thursday, 18-Dec-2003 in issue 834
BOSTON, Mass. (AP) — The state Senate is scheduled to vote on whether to seek an advisory opinion from the state’s high court about whether civil union legislation, which would give gay couples the rights of marriage without the title, would meet the mandates of the recent gay marriage decision, legislative sources told The Associated Press.
The state’s high court issued a landmark decision in mid-November, ruling that it was unconstitutional to bar gay couples from marriage. The opinion, however, gave the Legislature 180 days to act as it “deems appropriate” before the decision takes effect.
Many lawmakers and legal observers have said that waiting period was only designed to give the Legislature time to bring the statutes into conformance with the decision. It gives no leeway, they argue, to approve anything short of marriage.
Others argue that the decision left the door open for Vermont-style civil union legislation that conveys the rights of marriage without the title.
On a separate track, several lawmakers and Gov. Mitt Romney have said they will pursue a constitutional amendment that would define marriage as a union between one man and one woman. This process would take up to three years and require a ballot vote in November 2006.
In the House, Rep. Charles Murphy (D-Burlington), has said he will submit a civil union bill that would give gay couples all the rights, benefits and responsibilities of marriage. This bill would also define marriage as a union between one man and one woman in state statutes, but not change anything in the constitution.
Once the bill is submitted, Rep. Eugene O’Flaherty (D-Chelsea), chairman of the Judiciary Committee and one of House Speaker Thomas Finneran’s top lieutenants, said he would ask House approval to seek an advisory opinion from the Supreme Judicial Court.
“I would like to see the request made to the SJC prior to Christmas,” O’Flaherty said. “That would solve for all of us the ambiguity associated with the court opinion.”
Any legislative request for an advisory opinion must be voted on by the chamber making the request. Because the Legislature has adjourned its formal sessions for the year, the request would have to be approved in an informal House or Senate session, when the objection of just one lawmaker could defeat it.
E-mail

Send the story “Mass. seeks high court opinion”

Recipient's e-mail: 
Your e-mail: 
Additional note: 
(optional) 
E-mail Story     Print Print Story     Share Bookmark & Share Story
Classifieds Place a Classified Ad Business Directory Real Estate
Contact Advertise About GLT