I'm unsure of the specifics of Mass Constitutional Law, but it would seem to me this is a huge stretch, even for Romney.
How does a sitting Governor have standing to petition the Judiciary to place something on the ballot?
On first look, this seems to be an abuse both of the role of the Executive and the Judiciary.
I thought the wingers didn't like "activist" judges. Evidently, it's only when the judges decide against them.
Mass. Governor Wants Gay Wedding Vote
By DAVID WEBER
The Associated Press
Sunday, November 19, 2006; 4:24 PM
BOSTON -- Gov. Mitt Romney said Sunday he would ask the state's highest court to order an anti-gay marriage amendment question onto the ballot if legislators fail to vote on the matter when they reconvene in January.
Romney said he would file a legal action this week asking a justice of the Supreme Judicial Court to direct the secretary of state to place the question on the ballot if lawmakers don't vote directly on the question on Jan. 2, the final day of the session.
Romney, an opponent of gay marriage who decided not to seek re-election as he considers running for president, made his announcement to the cheers of hundreds of gay marriage opponents at a rally on the Statehouse steps.
People in favor of gay marriage staged a protest across the street.
(more)
http://www.washingtonpost.com/wp-dyn/content/article/2006/11/19/AR2006111900540.html