BOSTON (ABP) — The same court that three years ago ordered Massachusetts legislators to legalize same-sex marriage in the state has rebuked — but not punished — the state's lawmakers for failing to vote on an amendment that would ban the rite.
The Massachusetts Supreme Judicial Court said Dec. 27 that, while the duty of legislators to have a vote on the proposal is “beyond serious debate,” it has no ability to force them to do so.
“There is no presently articulated judicial remedy for the Legislature's indifference to, or defiance of, its constitutional duties,” the unanimous seven-member panel said.
Massachusetts Gov. Mitt Romney (R), who is considering a 2008 presidential bid, had sued the legislature to force them to vote on the amendment. The proposal was brought to lawmakers via a citizens' petition, signed by approximately 170,000 residents.
The Massachusetts Constitution requires approval by two consecutive legislative sessions for such a citizen initiative to be placed on the ballot. The Legislature has repeatedly adjourned without holding a vote on the amendment. If they fail to vote on the amendment again before the end of their current session Jan. 2, the measure will not appear on the state's 2008 ballot.
The same court determined in 2003 that the state's charter requires that marriage be offered to same-sex couples on an equal basis with heterosexual couples. Massachusetts remains the only jurisdiction in the United States to offer full marriage rights to gays.
Most Massachusetts gay-rights supporters have defended the lawmakers, saying that civil-rights protections for minorities should not be left up to a popular vote. Conservative religious groups, meanwhile, have argued that voters and not the courts should determine if Massachusetts should have same-sex marriage.
Romney and conservative groups in the state filed the lawsuit to try to force the legislators to vote. The Mormon governor has, in the past, been supportive of gay rights, but he has moved to the right on the issue since the state legalized gay marriage.
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