Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

Frustrated Massachusetts lawmakers end historic session without gay-marriage ban

NewsABPnews  |  February 16, 2004

BOSTON (ABP) — The Massachusetts legislature adjourned its historic constitutional convention Feb. 12 without reversing the state supreme court's recent legalization of gay marriage.

With thousands of protesters gathered outside Feb. 11, legislators began debating legal measures that would limit marriage to heterosexual couples, while perhaps creating a category of civil unions for gays. But during two tumultuous days of legislative wrangling and emotional debate, legislators were unable to pass any of four proposed amendments.

Lawmakers defeated a constitutional amendment that would have banned gay marriage. Another proposal to ban gay marriage but create legally binding civil unions for gays also was defeated. In the end, gay-marriage supporters closed the session down with a filibuster at midnight of the second day, sending lawmakers home without resolving the legislative crisis that has divided the state and thrust it into the national spotlight.

Any constitutional amendment will require approval by voters, and angry gay-marriage opponents complained the deadlocked legislative session deprived Massachusetts of voicing their opinion on the divisive issue.

Another constitutional session is scheduled for March 11.

Legal experts say the constitutional showdown in Massachusetts will have an impact on the nationwide debate over gay rights and the legal definition of marriage.

In November, Massachusetts became the epicenter of that growing debate when a closely divided Supreme Judicial Court ruled that a state agency could not deny same-sex couples the right to marry. The same court ruled Feb. 4 that a civil-union law under consideration would create an “unconstitutional, inferior and discriminatory status for same-sex couples,” forcing the constitutional convention.

The November supreme court decision gave the state's legislature 180 days to enact statutes creating same-sex marriage. But instead, armed with widespread criticism of the high-court ruling from within the state and beyond, legislators proposed amending the constitution to circumvent the court's ruling and limit marriage to heterosexuals.

If the constitution is left unchanged, Massachusetts will become the first legal jurisdiction in the United States to sanction same-sex marriage. Neighboring Vermont has a civil-union law that offers same-sex couples most of the legal rights of marriage while reserving the term “marriage” for opposite-sex couples.

Gay marriage is viewed by political analysts as a “wedge issue” in the 2004 presidential campaign.

“This is the cultural issue of our lifetime,” Ronald Crews, spokesman for the Coalition for Marriage, told the Boston Globe. “This has the same import of the Roe v. Wade decision legalizing abortion, in terms of potential divide.”

Republicans are expected to use the constitutional showdown in Massachusetts to attack local Sen. John Kerry, the Democratic presidential frontrunner, even though he has refused to rule out support for the gay-marriage ban.

The Democratic National Convention will take place in Boston in July, only weeks after gay couples will be able to secure civil marriage licenses beginning May 17.

Opponents of gay marriage, including a coalition of Religious Right and other conservative groups, is pushing the Federal Marriage Amendment to the U.S. Constitution, which would ban gay marriage in all 50 states. Its supporters claim it would leave it up to individual state legislatures or voters to create civil unions to provide marriage-like benefits to gay couples. But some legal scholars and gay-rights activists dispute that interpretation. Some other Christian conservatives want the amendment to include language explicitly banning civil unions for same-sex couples.

The amendment's supporters say it is necessary to prevent states from being forced to recognize same-sex marriages performed in Massachusetts or other states. But most mainstream legal scholars say the Constitution would prevent states that have a clearly stated policy opposing gay marriage — such as the 38 that have passed state versions of the Defense of Marriage Act — from being forced to recognize same-sex marriages from elsewhere.

-30-

Share this:

  • Share on X (Opens in new window) X
  • Share on Threads (Opens in new window) Threads
  • Share on Facebook (Opens in new window) Facebook
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • Share on Bluesky (Opens in new window) Bluesky
  • More
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Reddit (Opens in new window) Reddit
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on Pinterest (Opens in new window) Pinterest
  • Share on Telegram (Opens in new window) Telegram
  • Share on WhatsApp (Opens in new window) WhatsApp
Tags:Archives
More by
ABPnews
  • This BNG series of articles on Christianity and democracy will lead toward the July 4 celebration of America’s 250th birthday. The series has been curated by Carol McEntyre, senior minister at First Baptist Church of Greenville, S.C.

    • What is democracy?
    • The church as school for democracy
    • Democracy as the practice of loving our neighbors
    • Democracy and religious freedom
    • Democracy as a moral practice, not just a system
    • Love of neighbor is a democratic ideal
    • Democracy offers a way for Christian’s to express God’s will

  • Get BNG headlines in your inbox

  • Check out our podcasts

     

     

    Stuck in the Middle
    With You

     

    Madang
    With Grace Ji-Sun Kim

     

     

    Highest Power
    Church+State

     

     

    Non-Disclosure:
    The Silenced Stories
    of Kanakuk Kamps Survivors

     

    Change-making
    Conversations

     

     

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • Nobody dislikes Southern Baptists more than Al Mohler

      Opinion

    • Trump EEOC claims more religious discrimination on vaccine mandates

      News

    • What I wish Christians knew about Sharia Law

      Opinion

    • On telling a brother he is going to hell

      Opinion


    Curated

    • Prayer Never Disappeared From Public Schools — But New Laws Could Change Its Role

      Prayer Never Disappeared From Public Schools — But New Laws Could Change Its Role

    • Pope Leo has initiated the conversation Black Catholics have been waiting for

      Pope Leo has initiated the conversation Black Catholics have been waiting for

    • As reports of anti-Christian incidents in Israel increase, advocates press police to act

      As reports of anti-Christian incidents in Israel increase, advocates press police to act

    • The Arc de Trump is Worse Than You Think

      The Arc de Trump is Worse Than You Think

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • 129