(RNS) — Justices of the Massachusetts Supreme Judicial Court took up arguments on May 4 about whether to kill a proposed citizens' referendum to ban gay marriage.
A lawyer for a gay rights organization told the state's highest court that the state constitution does not allow for ballot questions by citizens that seek to reverse judicial decisions.
“The people cannot directly challenge and attack a decision of the court,” he told justices.
The ballot question, proposed by a coalition of social conservatives, seeks to amend the state constitution to define marriage as the union of one man and one woman.
Associate Justice John M. Greaney of Westfield questioned whether “something [that] is declared utterly discriminatory” can be reinstated by amending the constitution.
An assistant attorney general said the proposed ballot question does not seek to “reverse” the court's decision. He said the referendum is constitutional because it would affect only future gay marriages, and not those that already took place under the court decision.