Massachusetts: governor sues to require legislature to pass anti-same-sex amendment
The New York Times reports: Gov. Mitt Romney filed a lawsuit Friday asking the state’s highest court to order the legislature to vote on a constitutional amendment banning same-sex marriage or to place it on the 2008 ballot if lawmakers do not take up the provision.
The legislature voted 109 to 87 on Nov. 9 to recess a constitutional convention before the measure was taken up, which appeared to kill it. The convention was recessed until Jan. 2, the last day of the legislative session.
More than 170,000 people have signed a petition asking the legislature to amend the state’s Constitution to prohibit same-sex marriage. Massachusetts is the only state that permits it. ...
Lawrence M. Friedman, a specialist on Massachusetts constitutional law at the New England School of Law, said the court must decide if the State Constitution requires the legislature to vote. Professor Friedman signed a brief supporting same-sex marriage in 2003 but has not been involved in the issue since then.
“This case is not about same-sex marriage,” he said. “This is a case, first, about what the legislature is required to do, and second, if there is anything the court can do about it.
“It’s not at all clear to me how this is something the court can remedy. It doesn’t seem likely to me the court will order the legislature to take a vote or subvert constitutional procedures and just put it on the ballot.” -- Massachusetts Governor Sues to Compel Vote on Same-Sex Marriage Amendment - New York Times