Mass. Legislature rejects proposed amendment banning gay marriage

[paineinthearse]

http://www.boston.com/news/local/massachusetts/articles/2005/09/14/lawmakers_convene_constitutional_convention_on_same_sex_marriage/


Kris Mineau (left), of the Mass. Family Institute, denounced the proposed amendment at the State House yesterday. Christine Size with partner Alyssa Sadowski (right) participated in a candlelight vigil in support of same-sex marriage at the State House yesterday.
(Globe Staff Photos / Bill Greene, John Bohn)

Mass. Legislature rejects proposed amendment banning gay marriage
By Steve LeBlanc, Associated Press Writer | September 14, 2005

BOSTON --The Massachusetts Legislature rejected a proposed change to the state constitution Wednesday aimed at banning gay marriage, a striking reversal that preserves the state's status as the only place in the nation where same-sex couples can wed. A year after Massachusetts politicians appeared destined to undo a court order that has allowed thousands of same-sex couples to marry since May 17, 2004, the Legislature voted 157-39 against the proposed constitutional amendment.

It was the second time the Legislature had confronted the measure. Lawmakers were required to approve it in two consecutive sessions before the proposal could move to the statewide ballot in 2006 for a final decision by voters. The measure, which would have allowed Vermont-style civil unions, won passage by a 105-92 last year. But the political and social landscape had changed dramatically since then. Gone was the intensity, the seemingly endless debate and, in some quarters, the taste for stripping away the right to marry for gay and lesbian couples. Some 55 lawmakers switched their votes, all from supporting the measure to opposing it in this last round.

"Gay marriage has begun, and life has not changed for the citizens of the commonwealth, with the exception of those who can now marry," said state Sen. Brian Lees, a Republican who had been a co-sponsor of the amendment. "This amendment which was an appropriate measure or compromise a year ago, is no longer, I feel, a compromise today."

The proposal also was opposed by critics of gay marriage, who want to push for a more restrictive measure. "The union of two women and two men can never consummate a marriage. It's physically impossible," said state Rep. Phil Travis, a Democrat. "The other 49 states are right and we are wrong."

more......

http://www.boston.com/news/local/massachusetts/articles/2005/09/14/how_massachusetts_lawmakers_voted_on_gay_marriage_amendment/

How Massachusetts lawmakers voted on gay marriage amendment
By The Associated Press | September 14, 2005

Here's a look at how Massachusetts lawmakers have voted twice on a proposed state constitutional amendment that would ban gay marriage while creating civil unions. Last year, lawmakers approved the amendment by a 105-92 vote. On Wednesday, it was rejected on a 157-39 vote, with 55 lawmakers changing their vote. Last year's vote is shown first, followed by Wednesday's vote in the second column. A "Y" indicates support for the amendment. An "N" indicates opposition. An "X" indicates a lawmaker did not vote. Some lawmakers are newly elected and did not vote on the amendment last year, indicated as "n/a".

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SENATE:

Robert A. Antonioni, D-Leominster - N ; N
Edward M. Augustus Jr., D-Worcester - (n/a) ; N
Steven A. Baddour, D-Methuen - Y ; N
Jarrett T. Barrios, D-Cambridge - N ; N
Frederick E. Berry, D-Peabody - Y ; N
Stephen M. Brewer, D-Barre - Y ; N
Scott P. Brown, R-Wrentham - Y ; N
Stephen J. Buoniconti, D-West Springfield - Y ; N
Harriette L. Chandler, D-Worcester - N ; N
Robert S. Creedon Jr., D-Brockton - N ; N
Cynthia Stone Creem, D-Newton - N ; N
Susan C. Fargo, D-Lincoln - N ; N
John A. Hart Jr., D-Boston - Y ; N
Robert A. Havern, D-Arlington - N ; N
Robert L. Hedlund, R-Weymouth - Y ; N
Brian A. Joyce, D-Milton - N ; N
Michael R. Knapik, R-Westfield - Y ; N
Brian P. Lees, R-East Longmeadow - Y ; N
Thomas M. McGee, D-Lynn - N ; N
Joan M. Menard, D-Somerset - Y ; N
Mark C. Montigny, D-New Bedford - N ;N
Richard T. Moore, D-Uxbridge - Y ; N
Michael W. Morrissey, D-Quincy - Y ; N
Therese Murray, D-Plymouth - Y ; N
Andrea F. Nuciforo Jr., D-Pittsfield - N ; N
Robert O'Leary, D-Barnstable - N ; N
Marc R. Pacheco, D-Taunton - Y ; N
Steven C. Panagiotakos, D-Lowell - Y ; Y
Pamela P. Resor, D-Acton - N ; N
Stanley C. Rosenberg, D-Amherst - N ; N
Karen Spilka, D-Ashland - N ; N
Bruce E. Tarr, R-Gloucester - Y ; N
James Timilty, D-Walpole - (n/a) ; N
Richard R. Tisei, R-Wakefield - N ; N
Steve A. Tolman, D-Boston - N ; N
Robert E. Travaglini, D-Boston - Y ; Y
Susan C. Tucker, D-Andover - N ; N
Marian Walsh, D-Boston - N ; N
Dianne Wilkerson, D-Boston - N ; N

------

HOUSE:

Cory Atkins, D-Concord - N ; N
Demetrius J. Atsalis, D-Hyannis - Y ; N
Bruce J. Ayers, D-Quincy - Y ; N
Ruth B. Balser, D-Newton - N ; N
John J. Binienda, D-Worcester - Y ; Y
Deborah D. Blumer, D-Framingham - N ; N
Daniel E. Bosley, D-North Adams - N ; N
Garrett J. Bradley, D-Hingham - Y ; N
Arthur J. Broadhurst, D-Methuen - Y ; N
Antonio F. D. Cabral, D-New Bedford - N ; N
Jennifer M. Callahan, D-Sutton - Y ; N
Christine E. Canavan, D-Brockton - Y ; Y
Stephen R. Canessa, D-New Bedford - (n/a) ; N
Gale D. Candaras, D-Wilbraham - Y ; Y
Mark J. Carron, D-Southbridge - Y ; N
Paul C. Casey, D-Winchester - Y ; Y
Edward G. Connolly, D-Everett - Y ; Y
Robert Correia, D-Fall River - Y ; N
Michael A. Costello, D-Newburyport - N ; N
Robert K. Coughlin, D-Dedham - Y ; N
Geraldine Creedon, D-Brockton - Y ; N
Sean Curran, D-Springfield - (n/a) ; Y
Robert A. DeLeo, D-Winthrop - Y ; Y
Viriato Manuel deMacedo, R-Plymouth - N ; N
Brian S. Dempsey, D-Haverhill - Y ; Y
Salvatore F. DiMasi, D-Boston - N ; N
Paul J. Donato, D-Medford - Y ; N
Christopher J. Donelan, D-Orange - N ; N
Joseph R. Driscoll, D-Braintree - Y ; Y
James B. Eldridge, D-Acton - N ; N
Lewis G. Evangelidis, R-Holden - Y ; Y
James H. Fagan, D-Taunton - Y ; Y
Christopher G. Fallon, D-Malden - N ; X
Mark V. Falzone, D-Saugus - N ; N
Robert F. Fennell, D-Lynn - Y ; N
Michael E. Festa, D-Melrose - N ; N
Barry R. Finegold, D-Andover - N ; N
Jennifer Flanagan, D-Leominster - (n/a) ; N
Linda Dorcena Forry, D-Boston - (n/a) ; N
David L. Flynn, D-Bridgewater - Y ; N
Gloria L. Fox, D-Boston - N ; N
John P. Fresolo, D-Worcester - Y ; Y
Paul K. Frost, R-Auburn - Y ; N
William C. Galvin, D-Canton - N ; N
Colleen M. Garry, D-Dracut - Y ; Y
Susan W. Gifford, R-Wareham - Y ; Y
Anne M. Gobi, D-Spencer - Y ; N
Emile J. Goguen, D-Fitchburg - Y ; N
Thomas A. Golden Jr., D-Lowell - Y ; N
Shirley Gomes, R-South Harwich - Y ; N
Mary E. Grant, D-Beverly - N ; N
William G. Greene Jr., D-Billerica - Y ; Y
Dennis Guyer, D-Dalton - (n/a) ; N
Patricia A. Haddad, D-Somerset - N ; N
Geoffrey D. Hall, D-Westford - Y ; Y
Robert S. Hargraves, R-Groton - Y ; Y
Lida E. Harkins, D-Needham - N ; N
Bradford Hill, R-Ipswich - Y ; N
Kevin G. Honan, D-Boston - N ; N
Donald F. Humason Jr., R-Westfield - Y ; Y
Frank M. Hynes, D-Marshfield - Y ; N
Patricia D. Jehlen, D-Somerville - N ; N
Bradley H. Jones Jr., R-North Reading - N ; N
Louis L. Kafka, D-Sharon - N ; N
Michael F. Kane, D-Holyoke - Y ; Y
Rachel Kaprielian, D-Watertown - N ; N
Jay R. Kaufman, D-Lexington - N ; N
Daniel F. Keenan, D-Southwick - N ; N
John Keenan, D-Salem - (n/a) ; N
Thomas P. Kennedy, D-Brockton - Y ; X
Kay Khan, D-Newton - N ; N
Brian Knuuttila, D-Gardner - Y ; Y
Peter V. Kocot, D-Florence - N ; N
Robert M. Koczera, D-New Bedford - Y ; Y
Peter J. Koutoujian, D-Waltham - N ; N
Paul Kujawski, D-Webster - Y ; N
Stephen Kulik, D-Worthington - N ; N
William Lantigua, D-Lawrence - Y ; N
James Brendan Leary, D-Worcester - Y ; N
Stephen P. LeDuc, D-Marlboro - Y ; N
John A. Lepper, R-Attleboro - N ; N
David P. Linsky, D-Natick - N ; N
Barbara A. L'Italien, D-Andover - N ; N
Paul J. Loscocco, R-Holliston - N ; N
Elizabeth A. Malia, D-Boston - N ; N
Ronald Mariano, D-Quincy - N ; N
James J. Marzilli Jr., D-Arlington - N ; N
James R. Miceli, D-Wilmington - Y ; N
Michael J. Moran, D-Boston - (n/a) ; N
Charles A. Murphy, D-Burlington - N ; N
James M. Murphy, D-Weymouth - Y ; Y
Kevin J. Murphy, D-Lowell - Y ; Y
Patrick Natale, D-Woburn - (n/a) ; N
David M. Nangle, D-Lowell - Y ; Y
Harold P. Naughton Jr., D-Clinton - Y ; N
Robert J. Nyman, D-Hanover - Y ; N
Thomas J. O'Brien, D-Kingston - Y ; N
Eugene L. O'Flaherty, D-Chelsea - Y ; Y
Shirley Owens-Hicks, D-Boston - Y ; Y
Marie J. Parente, D-Milford - Y ; Y
Matthew Patrick, D-Falmouth - N ; N
Anne M. Paulsen, D-Belmont - N ; N
Vincent A. Pedone, D-Worcester - Y ; N
Alice H. Peisch, D-Wellesley - N ; N
Jeffrey D. Perry, R-Sandwich - Y ; Y
Douglas W. Petersen, D-Marblehead - N ; N
George N. Peterson Jr., R-Grafton - N ; N
Thomas M. Petrolati, D-Ludlow - Y ; Y
Anthony Petruccelli, D-Boston - Y ; N
William "Smitty" Pignatelli, D-Lenox - N ; N
Elizabeth A. Poirier, R-North Attleboro - N ; N
Karyn E. Polito, R-Shrewsbury - Y ; Y
Susan W. Pope, R-Wayland - Y ; N
John F. Quinn, D-Dartmouth - Y ; Y
Kathi-Anne Reinstein, D-Revere - N ; N
Cheryl A. Rivera, D-Springfield - N ; N
Michael J. Rodrigues, D-Westport - Y ; N
Mary S. Rogeness, R-Longmeadow - Y ; Y
John H. Rogers, D-Norwood - Y ; Y
Richard Ross, R-Wrentham - (n/a) ; N
Michael F. Rush, D-Boston - Y ; Y
Byron Rushing, D-Boston - N ; N
Jeffrey Sanchez, D-Boston - N ; N
Tom Sannicandro, D-Ashland - (n/a) ; N
Angelo M. Scaccia, D-Boston - Y ; Y
John W. Scibak, D-South Hadley - N ; N
Carl Sciortino, D-Somerville - (n/a) ; N
Frank Israel Smizik, D-Brookline - N ; N
Todd Smola, R-Palmer - (n/a) ; N
Theodore C. Speliotis, D-Danvers - N ; N
Robert P. Spellane, D-Worcester - N ; N
Christopher N. Speranzo - D-Springfield - (n/a) ; N
Joyce A. Spiliotis, D-Peabody - Y ; N
Harriett L. Stanley, D-West Newbury - N ; N
Thomas M. Stanley, D-Waltham - N ; N
Marie P. St.Fleur, D-Boston - N ; N
Ellen Story, D-Amherst - N ; N
William M. Straus, D-Mattapoisett - Y ; N
David B. Sullivan, D-Fall River - N ; N
Benjamin Swan, D-Springfield - N ; N
Kathleen M. Teahan, D-Whitman - N ; N
Walter F. Timilty, D-Milton - Y ; Y
A. Stephen Tobin, D-Quincy - Y ; Y
Timothy J. Toomey Jr., D-Cambridge - N ; N
David M. Torrisi, D-North Andover - N ; N
Philip Travis, D-Rehoboth - Y ; N
Eric Turkington, D-Falmouth - Y ; N
Cleon Turner, D-Dennis - (n/a) ; N
James E. Vallee, D-Franklin - Y ; N
Anthony J. Verga, D-Gloucester - Y ; N
Joseph F. Wagner, D-Chicopee - Y ; N
Brian P. Wallace, D-Boston - Y ; N
Patricia A. Walrath, D-Stow - Y ; N
Martin J. Walsh, D-Boston - N ; N
Steven M. Walsh, D-Lynn - N ; N
Marty Walz, D-Boston - (n/a) ; N
Daniel K. Webster, R-Hanson - N ; N
James T. Welch, D-West Springfield - (n/a) ; N
Alice K. Wolf, D-Cambridge - N ; N

------

N no
Y yes
X not voting
(n/a) did not vote because not in office

edits: changed from Y to N in bold; Homophobes in red.

[Ian David]

1. Canavan isn't a homophobe. She's a self-interested coward

She says she "doesn't have the luxury to vote my conscience."

[Bradley Minoski]

3. That's the one thing I don't like about the democratic party.

we support gay rights, something that i'm absolutely againist.

in mind it's not a real marriage if it's not a man and a woman.

[Ian David]

4. Thanks for sharing. Welcome to DU and enjoy your stay. n/t

Not a whole lot of gay people in Irwin, PA?

[Bradley Minoski]

6. Nope

There's not that many homosexuals in irwin or north huntingdon, PA

[we can do it]

7. MYOB

Why should you care who anyone else marries? Who did you consult before you married (if you did)

[Bradley Minoski]

8. I'm not married

Hell i'm only 17 years old(but will be 18 in exactly 15 days)

[TaleWgnDg]

17. Hey, we can do it . . . welcome to DU !!

.
. . . . . . . . . .





. . . . . . . . . .

.

[we can do it]

20. Thanks -

:toast:

[loro mi dicevano]

9. Might I just ask -- are you against ALL gay rights, or just gay marriage?

Because, uh, gays are still fighting for the right to employment, housing, etc. without discrimination in a lot of places, and gay marriage doesn't always equal gay rights.

[Bradley Minoski]

10. I'm not againist gay rights

just gay marriage.

[TayTay]

12. Hey, since MA interpreted it's Constitution to decide

that rights should be accorded to all citizens:
The PAtriots have won 2 Super Bowls
The Red Sox won the World Series. (After 86 years of not winning.)

If Gawd is displeased, she's got a funny way of showing it.

Gay Marriage arrived in the Commonwealth. Everyone paid close attention until it looked kind of like every other marriage, then decided to just accept it and move on.

[Ian David]

13. The last time we won the world series was 1918. Coincidentally...

that was also the year we passed a law forbidding inter-racial couples from other states to get married in Massachusetts.

Gawd likes people to marry anyone they love.

[Ian David]

14. Just so you know, this has nothing to do with what happens in a church

Telling gay people they can't get a marriage license from the state is like telling Jews they can't get a driver's license because they drive on Sundays.

The only straight-people adversely affected by gay marriage are my neighbors who had to buy a wedding present when the lesbian couple next-door got married.

And the only people claiming that gay marriage will destroy civilization are the same people still advocating Creationism and Demonic Exorcisms.

[closeupready]

24. You're fine with denying gays and lesbians equality of basic civil rights?

Is that how you feel?

[Ian David]

2. Creedon voted against it because he doesn't like civil unions either. n/t

[Rockholm]

5. Walter Timilty is a closeted little twit!

Man, am I ever glad that he no longer represents me. What a little jerkoff. Maybe it is time for him to be outed. He only keeps an apartment in Milton and supposedly lives in the South End.
ASSHOLE.

[TayTay]

11. I'm glad it passed.

Both of my Reps vote Aye both times. (Damn it.)
Steven C. Panagiotakos, D-Lowell - Y ; Y
Colleen M. Garry, D-Dracut - Y ; Y
I call, I write, I vist the office and still they don't respond. Sigh!

[Ian David]

15. Try pooping on their front door. They notice that. I promise. n/t

[paineinthearse]

16. ewwwwwww

Well, if you take Ian's advice, be sure to mark it with a "bushit" flag!

[Ian David]

22. How about a customized flag with the particular politician's face on it?

And/or a lump of shit sculpted into a likeness of the politicians face.

[TaleWgnDg]

18. Wow! Great vote! Even the homophobes voted against this . . .

.
Wow! Great vote! Even the homophobes voted "no" against this constitutional amendment that would have banned same-sex marriage but allowed civil unions! Surreal . . . very. And we all know why some of these no votes were "no." Because those no votes are awaiting the ballot initiative #05-02 banning same-sex marriage and banning civil unions!! But that's another ball game.

Let's celebrate this victory. For it is a wonderful victory of fair-minded inclusive open-minded people here in Massachusetts!!

Be proud -- be VERY proud -- that Massachusetts wants to count same-sex couples and their children and their children's children to share in all the laws that benefit marrieds-only. And THAT is what this is all about . . . entirely!



.

[Ian David]

23. I think Civil Unions would "hurt" marriage, but gay marriage would not

I don't have the time to go into it, but perhaps someone who agrees feels like espousing on it.

[TaleWgnDg]

26. Uuummmm . . . maybe this should be stated another way . . .

Maybe this should be stated another way . . .

Yes, of course, civil unions would be harmful for homosexuals and their families.

Although granting homosexuals a bite of the legal apple, civil unions do not grant full and equal legal rights to homosexuals as does marriage. And, there is no guarantee what "civil unions" may mean in law state-to-state. Thus, civil unions most probably would vary state-to-state. "Marrieds-only" federal rights granting legal benefits and legal obligations would not apply because states cannot legislate laws that grant federal rights. Civil unions would cause less rights for generations and would be a hodge-podge patch-work across America.

And, the application of this patch-work would be a legal nightmare, state-to-state as to which rights applied according to where a homosexual couple were "civil unioned" as to "divorce," "child custody," "child support," estate planning, who could adopt, and the legal list goes on and on. It would infringe upon the constitutional right to travel as well. And, this is merely off the top of my head w/o very much legal reflection as to its legal impact.

Broadly speaking, civil unions would be to homosexuals as Plessy v. Ferguson ("separate but (un)equal") was to blacks. Plessy was the SCOTUS opinion that cemented "Jim Crow" race segregation in America; however, it, too, varied state-to-state. Plessy was subsequently overturned by Brown v. Board of Education that ruled "separate is not equal." However, many blacks were harmed during the time of Plessy, and it may be said that many blacks continue to suffer as a result of Plessy.

All this being said, many people do not understand that marriage is a construct of law. State laws. Federal laws. Laws that benefit and obligate marrieds-only.

Therefore, if marriage-status is restricted to heterosexuals only, then homosexuals are denied the benefits of state laws and federal laws, and create a second-class citizenship. Thus, civil unions would be overturned as was Plessy. However, during the timeframe that civil unions survive, it would harm many homosexual couples and their children, and arguably the harm would continue as did the harm caused by Plessy.

And, that's merely some of the domestic issues. As for foreign issues that would directly harm Americans, civil unions would most probably not grant the legal rights and benefits that foreign countries would uphold and enforce as those foreign countries would as to marriage. Overall, civil unions would be harmful to America as a nation because civil unions would be a statement that our country is not founded upon the laws of our constitution but upon the tenets of religion.


.

[merbex]

19. Thanks for posting individual Reps/Sen

very interesting that former Priest Frank Hynes D -Marshfield changed from Y to N

I live on the South Shore and Hynes, Bradley, Ayers,even Repug Sen Hedlund changed their vote along with Flynn

But what is with Jamie Murphy D-Weymouth???

[PuraVidaDreamin]

21. We gotta dump that homophobe Perry from Sandwich

I might know something about a stick figure
bumper sticker the man +woman= marriage
that was restuck with a *ush Lies sticker
yesterday, someplace on Cape Cod.

[TaleWgnDg]

25. paineinthearse,

thanks for a very comprehensive post. It took quite a bit of work to do the OP article as you posted it. It's appreciated.


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edited for typo
.