Massachusetts Gay Marriage Safe Until 2012

BOSTON, MA -- A proposed constitutional ban on same-sex marriage in Massachusetts was defeated today by a joint session of the Legislature by a vote of 45 to 151, eliminating any chance of getting it on the ballot in November 2008. At least 50 votes were needed to advance the measure.

The proposed amendment threatened to undo the Massachusetts Supreme Judicial Court's historic 2003 decision making the state the first to recognize marriage equality for same-sex couples.

"This proposed constitutional amendment was a misguided attempt to put people's equal rights to a vote. We are grateful that the overwhelming majority of Massachusetts legislators rejected this divisive measure," said Human Rights Campaign President Joe Solmonese. "Today's vote is a reaffirmation of Massachusetts' proud record of choosing equality over discrimination. For the past three years, loving and committed same-sex couples have enjoyed the equal right to marry in Massachusetts. Despite the doomsday predictions of opponents of equality, the sky hasn't fallen, and no one's marriage has been threatened. To the contrary, the institution of marriage has been strengthened as same-sex couples and their families have enjoyed the equal rights and protections they deserve under Massachusetts law. The Legislature's action ensures that they will continue to enjoy those equal rights and protections."

The Massachusetts state constitution requires that just one-fourth of elected legislators approve an "initiative amendment" (a proposed constitutional amendment introduced in the Legislature by initiative petition signed by a specified number of voters), in consecutive joint legislative sessions before the proposed amendment goes to the voters. Opponents of equality gathered signatures to place the proposed anti-marriage amendment before the Legislature by initiative petition. Last January, 62 of the state's 200 legislators voted in favor of the proposed amendment, which would define marriage "only as the union of one man and one woman." If 50 or more legislators had voted in favor of the proposed amendment today, it would have been placed before the voters on the 2008 ballot.

Opponents of gay marriage face an increasingly tough battle to win legislative approval of any future petitions to appear on a statewide ballot. The next election available to them is 2012.

"We're proud of our state today, and we applaud the legislature for showing that Massachusetts is strongly behind fairness," said Lee Swislow, executive director of Gay & Lesbian Advocates & Defenders, in a statement. "The vote today was the triumph of time, experience, and understanding over fear and prejudice."

Today's vote comes as other states are considering providing equal marriage rights to same-sex couples under state law. Earlier this month, the California state Assembly passed a bill that would provide same-sex couples with the equal right to marry under state law. Marriage equality legislation has also been introduced and is still pending in Illinois, New Jersey, New York and Rhode Island. The so-called Defense of Marriage Act denies the equal rights, benefits and responsibilities of marriage to same-sex couples under federal law.

"Today, the Legislature made a powerful statement that it's wrong to vote on rights," said Marc Solomon, campaign director for MassEquality, a coalition of local and national organizations defending equal marriage rights for same-sex couples in Massachusetts. "This is a day for all of Massachusetts to celebrate. We thank the Human Rights Campaign for its early and significant support of MassEquality. HRC's contributions of financial resources and staff time were critical parts of our campaign to defeat this dangerous amendment."