(Gay) Rights group sues to prevent Massachusetts (anti-same-sex) marriage ballot initiative
Joshua Pantesco, Jurist News, Tuesday, January 3, 2005, at 2:34 PM ET
(Jurist News)
Gay and Lesbian Advocates and Defenders (GLAD) (advocacy website) filed a
complaint (.pdf format; GLAD press release) Tuesday against
Massachusetts Attorney General Tom Reilly (official website), seeking to overturn Reilly's September
decision (.rft format) to allow a ballot initiative banning
same-sex marriage (JURIST news archive) to proceed. GLAD argues that according to the state constitution, ballot initiatives cannot overturn a previous court decision, a power delegated exclusively to the state legislature. The complaint cites the landmark ruling in
Goodridge v. Dept. of Public Health (opinion text), which ended state discrimination against gay couples, as decided law, which therefore cannot be the subject of a ballot initiative. After Reilly
upheld the legality of the ballot initiative (JURIST report) last September, proponents
collected (JURIST report) over 124,000 certified signatures, far more than the 64,000 required for the issue to appear on the 2008 ballot. The
proposed constitutional amendment (.rft format) reads: "When recognizing marriages entered into after the adoption of this amendment by the people, the Commonwealth and its political subdivisions shall define marriage only as the union of one man and one woman." AP has
more.
. . . more at . . .
http://jurist.law.pitt.edu/paperchase/2006/01/rights-group-sues-to-prevent.php.
1. DU GLBT -
2. DU Massachusetts -