Mass. lawmakers divided on amendment banning gay marriages

BOSTON -- An Associated Press survey of Massachusetts lawmakers shows a legislature deeply divided over a proposed constitutional amendment to ban gay marriage in the state where the nation's first legally sanctioned same-sex weddings could take place as early as May.

The House and Senate lawmakers -- all of whom are up for re-election in November -- could take up the issue at a constitutional convention as early as Wednesday.

Meanwhile, Senate leaders discussed a possible compromise amendment that would ban gay marriage but allow civil unions -- though it's unclear if that would satisfy either side. "We are gauging whether there is consensus for it in the Senate," said Ann Dufresne, a spokeswoman for Senate President Robert Travaglini, a Democrat. "We should have a more definitive answer Tuesday."

The issue gained urgency last week when the state's high court declared that anything less than full-fledged marriage for gays in Massachusetts would be unconstitutional. The opinion put Massachusetts lawmakers at the center of a political maelstrom that is being closely watched across the country and could play a role in the presidential race.

All of Massachusetts' legislators were contacted by telephone and e-mail by the AP since last week's Supreme Judicial Court opinion, and 146 responded. Of those, 62 said they would oppose the constitutional amendment, while 70 said they could support it. An additional 12 said they were undecided, and three had no comment. Fifty-two did not respond.

Not before 2006

There is probably nothing lawmakers can do to prevent the nation's first gay marriages from taking place May 17. The earliest the proposed amendment could reach the ballot is November 2006.

That is because the proposal first needs to be approved by a majority of lawmakers in two successive legislative sessions, which in Massachusetts last for two years. That means a revamped legislature would take up the issue after next fall's elections.

Veteran statehouse observers called the situation extremely volatile, with some lawmakers flip-flopping under intense lobbying by members of the clergy, fellow politicians and gay-rights advocates. There's also the scrutiny of the national media and the fact that it is an election year.

"In 20 years of lobbying, I've never seen such a fluid issue," said Arline Isaacson, co-leader of the Massachusetts Gay and Lesbian Political Caucus. "There's such a high degree of emotion in this building and emotions are guiding legislators, who would rather be more thoughtful about this."

Rep. Philip Travis, a Democrat who proposed the amendment, predicted Monday that his side would have the votes necessary to pass the amendment this session.

Supporters of the amendment said they were basing their position on personal beliefs and public opinion.

"Marriage has been a tradition for 3,000 years," said Rep. David Flynn, a Democrat. "I don't think you can change the laws of nature, and I don't think waiting a couple of years to see how people feel about it is the wrong thing to do."

Sen. Robert O'Leary, a Democrat whose Cape Cod district includes the gay mecca of Provincetown, said he will vote against the amendment.

"It's a civil-rights issue," he said. "I don't think we should be amending the state constitution to narrow people's rights."

Both Republican Gov. Mitt Romney and Democratic House Speaker Thomas Finneran have expressed their adamant support for the amendment. Most of the Republicans who responded were in favor of the amendment, but they occupy only 29 of the 200 legislative seats in the legislature.

The Supreme Judicial Court issued its original ruling last November, saying gay couples have a right under the state constitution to the benefits of marriage. Last week, the court clarified its ruling at the request of lawmakers who thought that Vermont-style civil unions might satisfy the court. But justices said only gay marriage would suffice.

Eighth on the list

It is far from certain that the legislature will actually get to the gay-marriage issue Wednesday.

For one thing, it is eighth on the list of proposed amendments. Unless two-thirds of the legislature votes to change its rules, seven other amendments will have to be debated first. In addition, several procedural steps could delay a final vote for several days.

Meanwhile, a poll taken after last week's court opinion shows that by a 2-1 margin, Americans do not want laws in their states that would legalize gay marriages.

The National Annenberg Election Survey of 814 adults was conducted Feb. 5 to 8 and has an error margin of plus or minus 3 percentage points.