Massachusetts and Same-Sex Marriage — The Battle Continues

According to Katie Zezima, Massachusetts Governor Sues to Compel Vote on Same-Sex Marriage Amendment, NY Times, Nov. 25, 2006,

Gov. Mitt Romney filed a lawsuit Friday [11/24/2006] asking the state’s highest court to order the legislature to vote on a constitutional amendment banning same-sex marriage or to place it on the 2008 ballot if lawmakers do not take up the provision.

The legislature voted 109 to 87 on Nov. 9 to recess a constitutional convention before the measure was taken up, which appeared to kill it. The convention was recessed until Jan. 2, the last day of the legislative session. * * *

Mr. Romney * * * announced plans to file the lawsuit at a rally of same-sex marriage opponents on Sunday. The next day he sent a letter to the 109 lawmakers who had voted to recess, saying they were “frustrating the democratic process and subverting the plain meaning of the Constitution” by refusing to vote.

The lawsuit, filed by Mr. Romney, acting as a private citizen, and 10 other opponents of same-sex marriage, said the legislature had a “legal duty to act” on citizen petitions but had relied on procedural devices to “avoid a vote and evade its constitutional duties.” The legislature recessed before voting on the measure two other times this session.