Representative Mary E. Grant, Beverly June 13, 2007
My view: Marriage petition is no wine-in-the-grocery-store vote
The Constitutional Convention once again has the amendment regarding marriage, which was brought forth by initiative petition, before it.
Why so many votes on this issue? Where did we get the idea that we have a right to vote? And what is its historical significance?
The Constitution of the Commonwealth of Massachusetts was the first written, has the U.S. Constitution modeled after it, and has one of the strongest protections of individual rights.
We have included a right of citizen petition, both for our laws and to amend our Constitution, something many other states do not have, and which the U.S. Constitution does not have. We also amend our laws and Constitution by legislative proposal, which is the more common method nationwide.
Two kinds of citizen petitions
With a citizen initiative petition, which requires signatures, the process is different depending on whether it is to make a law or amend the Constitution.
If the petitioners want to make new law, the collection of signatures puts the word-for-word proposal, taken directly from the petition, on the ballot. There is no debate or discussion of any its provisions in the Legislature, and it cannot be amended. An example of this type of petition is the question last November of selling wine in grocery stores.
Changing the Constitution is another matter entirely, however, and is no simple "wine in the grocery store" right to vote.
Our Constitution establishes and protects our rights. Our forefathers prohibited the individual rights of any person going directly to the ballot for a vote. History had proven issues were often emotional - involving, for example, religious tolerance - and the concern of the framers of the Constitution was that the rights of the minority could be subject to the "tyranny of the majority."
While maintaining a provision for citizens to petition, it is a petition to the Legislature to take up an issue - not a direct right to hold a public vote. This process meant that the deliberative body (the Legislature), elected to gather information from all sources, must have a meaningful debate on the merits of the amendment as written on the petition.
Such a proposal must pass in two consecutive sessions of the Legislature, allowing for an election to occur between sessions.
Two ways to amend the Constitution
When a legislator proposes a constitutional amendment, a majority of the Legislature (House and Senate) must support it each session - requiring 101 votes in Massachusetts. If it passes the Legislature, then there is a vote taken whether to put it on the ballot. A legislative marriage amendment has never yet passed the final vote.
When a citizens' petition proposes to amend the constitution, only 50 votes are necessary for it to pass in each of two consecutive sessions, then it automatically goes on the ballot.
Marriage amendments have been proposed in the last few sessions both ways, which accounts for all of the voting on the issue.
Some history
What is so striking about the attempt to pass a marriage amendment is that it would be the first time in our history that we would use our Constitution to remove individual rights from our citizens, rather than establish or protect rights. And we live in a state that places a high value on individual rights.
This amendment was once close to having majority support. But as time has passed, the support has lessened. The more we talk, the more we come to understand. That is the purpose of our democratic process; it is why votes are sometimes postponed at all levels.
More information and more understanding are always helpful when change occurs. So far our Constitution has protected the rights of a minority among us, despite objections.
First, the court upheld the challenge, then, following in-depth debate, the final votes on amendments to remove marriage rights have been defeated in the Legislature so far.
I do not know what the outcome will be when the final vote is taken on the current petition. Having been immersed in this issue over the last few years, both historically and through intensive conversations, discussions and debates with all parties involved, I hope we never have public balloting on the rights of a minority among us. It is exactly what our forefathers worked to protect us from doing.
Our civil marriage license gives all who wish to commit their lives to each other simple and very important societal protections, without affecting the rights of anyone else. I hope we continue to make room for each other.
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