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Massachusetts Resurrects DOMA
by Michael J. Meade
365Gay.com Newscenter
Boston Bureau
April 29, 2003
12:02 a.m. ET/+5GMT/-3PT
(Boston, Massachusetts) Massachusetts lawmakers have begun new hearings into a constitutional amendment that would ban same-sex marriage in the Commonwealth.
The amendment, sponsored by state Representative Philip Travis and drafted by the conservative Massachusetts Family Institute, is being considered less than a year after a similar measure was killed following a bitter fight.
The Judiciary Committee was packed for Monday's opening hearing. The legislation must pass the committee in order to go before a joint House and Senate.
The amendment would define marriage as a union between a man and a woman, and it would also prevent the state from recognizing civil unions or allowing domestic partners from receiving health benefits, even if an employer were inclined to grant them.
"This goes well beyond marriage and civil unions," Sen. Jarret Barrios said. "It goes into the private sector in an unprecedented fashion to breach private employers' ability to offer benefits to their employees."
Ron Crews, of the Massachusetts Family Institute denied Barrios assertion that the amendment is mean-spirited. "We are for the institution of the family in that children do really best when they have a married mom and dad."
Several gay and lesbian legislators Monday pleaded their case on the merit of fairness.
"We serve side by side," Sen. Cheryl Jacques said. "Many of you are friends of mine. Many of you have long, wonderful marriages. We talk about our children. Explain to me how in any way, my partner Jen and our two little boys, Tommy and Timmy, threaten your family."
Last year's amendment was generated by voters and would have needed support from 25 percent of the House and Senate members in two consecutive sessions to be placed on the ballot. Because this amendment was sponsored by a lawmaker, it will require support from half the House and Senate members in two consecutive sessions.
The earliest it could be on the ballot would be 2006.
The hearings come at a time when the state's highest court is considering arguments that the current constitution does not prevent gays and lesbians from marrying. A Supreme Judicial Court ruling is expected this summer.
But, even if the court rules gay marriage is constitutionally legal in Massachusetts an amendment barring gay marriage would make such a ruling moot.
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