MA: Same-sex marriage ban loses ground

Same-sex marriage ban loses ground

Opponents add 2 legislative seats
By Raphael Lewis
Boston Globe Staff
November 5, 2004

http://www.boston.com/news/local/massachusetts/articles/2004/11/
05/same_sex_marriage_ban_loses_ground/

Opponents of a constitutional ban on same-sex marriage in
Massachusetts picked up at least two seats in the Legislature in
this week's election, diminishing the measure's chances in the
Bay State, even as voters in 11 other states overwhelmingly
approved similar proposals.

A total of 105 lawmakers voted for the amendment earlier this
year, four more than the 101 necessary for passage. The measure
must be approved again in the coming session before it can go on
the November 2006 statewide ballot. The amendment would ban
same-sex marriage, but allow gay couples to enter civil unions.

Senate President Robert E. Travaglini, who presides over the
Legislature's joint constitutional sessions, said through a
spokeswoman yesterday that he will convene a Constitutional
Convention with the same-sex marriage measure on the agenda in
2005. The spokeswoman did not specify when it might be
scheduled.

A Globe analysis of Tuesday's elections found that two or
perhaps three newly elected opponents of the proposed same-sex
marriage ban are replacing lawmakers who voted in favor of the
amendment in the spring. Two more opponents would lower the
margin of support from 105 lawmakers to 103 if everyone else
voted as they did earlier this year.

However, activists and lawmakers caution that the vote totals
are fluid, for several reasons. For example, a dozen legislators
who voted against the amendment because they oppose both
same-sex marriage and civil unions could back the measure this
time, because they might view it as better than allowing
same-sex marriage to remain legal.

On the other hand, a handful of lawmakers who initially voted
for the amendment have told reporters that they are likely to
back off next time because thousands of gay couples have married
here without significant disruption.

Marty Rouse -- campaign director for MassEquality, a group
pushing to defeat the amendment -- said his organization is
buoyed by Tuesday's results in the state legislative elections
but would still like to persuade several more lawmakers to
change their votes.

''Several people voted against the amendment for the wrong
reasons; they didn't even want civil unions in the
constitution," Rouse said. ''That was 12 people. So we really
have our work cut out for us."

Of the 17 seats changing hands in the Legislature after
Tuesday's elections, at least seven and perhaps eight will now
have lawmakers who plan to vote differently on the amendment
than their predecessors, a Globe analysis of the election
results found.

Five seats changed from favoring the amendment to opposing it.
At least two seats changed from opposing to favoring the
amendment; another seat is also expected to follow suit, based
on an interview with the victorious candidate in that race.

The five lawmakers favoring the amendment being replaced by
those candidates opposed are: Senator Guy W. Glodis of
Worcester, who is being replaced by Edward Augustus;
Representative Vincent P. Ciampa of Somerville, who is being
replaced by Carl Sciortino; Representative Mark A. Howland of
Freetown, who is being replaced by Stephen Canessa;
Representative J. Michael Ruane of Salem, who is replaced by
John Keenan; and Representative Thomas N. George of Yarmouth,
whose replacement is Cleon Turner.

The two lawmakers who oppose the amendment and are being
replaced by those who favor the measure are Senator Linda J.
Melconian of Springfield, whose replacement is Representative
Stephen J. Buoniconti, and Senator Jo Ann Sprague of Walpole,
whose replacement is James Timilty.

The seat that is expected to go from anti- to pro-amendment is
held by Representative Carol A. Donovan of Woburn. Her
successor, Democrat Patrick Natale, said he remains undecided on
how he will vote on the measure, but is leaning toward approving
the amendment to ''let the people vote."

''When I was door-knocking in February and March, it was a big
deal, and my sense was people want to vote on it," Natale said.
''But I don't think my constituents are happy with this
amendment, because of the way it was written. I'd like to answer
the question, but I can't say yet."

The dynamics in the Legislature have changed dramatically since
lawmakers convened to vote on the same-sex marriage amendment in
March. Thomas M. Finneran, the most powerful opponent of
same-sex marriage in the State House, recently resigned as
speaker of the House for a private-sector post, and his
replacement as speaker, Salvatore F. DiMasi, is a strong
supporter of same-sex marriage.

Kimberly Haberlin, DiMasi's spokeswoman, said the new speaker
has no intention of arm-twisting.

''Speaker DiMasi's support of gay marriage is well documented,
and should the Constitutional Convention be convened by the
Senate president, he fully expects members to vote their
conscience, just as he did," Haberlin said.

Finneran's departure from the House at year's end will trigger a
special election. Linda Dorcena Forry, a Mattapan Democrat who
supports same-sex marriage, has indicated that she would run for
the seat.

Another potential obstacle to the measure's passage is that gay
and lesbian couples have married in the state since same-sex
matrimony was legalized May 17. They will provide opponents of
the amendment with potent lobbying weapons, as lawmakers
consider taking away marriage rights from gays and lesbians.

Finally, it's not at all clear that the most diehard opponents
of same-sex marriage will be willing to throw their support
behind the amendment, if it comes up.

Rouse said he expects the proposal for a constitutional
amendment to come up for a vote in the next session, which lasts
until July 2006. But he said he hopes that it does not come up
for quite a while, because he wants to have time to lobby
lawmakers and build up a grass-roots effort to pressure
legislators.

''I don't think the votes are there right now," Rouse said. ''We
needed time last year. We started with 50 and almost doubled
that by the time it ended. We need to take time to talk to the
Legislature; there are a bunch of new ones."


Frank Phillips of the Globe staff contributed to this report.
© Copyright 2004 Globe Newspaper Company.
http://www.boston.com/news/local/massachusetts/articles/2004/11/
05/same_sex_marriage_ban_loses_ground/