Reilly's wrong to allow the anti-gay initiative appear on the MA ballot !

[TaleWgnDg]

Anti-gay Marriage (ballot) Initiative Allowed on Ballots in Massachusetts, Attorney General Reilly Says

Chris Buell, (of Jurist News,) Wednesday, September 07, 2005, at 4:15 PM ET

(JURIST NEWS) A proposed ballot initiative to ban same-sex marriage (JURIST news archive) in Massachusetts can move forward after state Attorney General Tom Reilly (official profile) ruled (Attorney General Reilly's opinion letter, .rft format) Wednesday that Article 48 of the (Massachusetts) state constitution (full text) allows voters to overturn court decisions. The ruling to allow the initiative means supporters can move forward in the lengthy process to have the initiative placed on the ballot. Initiatives must obtain 65,825 signatures of voters and 25 percent support of the state legislature in two successive sittings to be certified. Same-sex marriage supporters had urged Reilly, a likely Democratic gubernatorial candidate in 2006, not to certify the initiative, but current (Massachusetts) Governor Mitt Romney (official website) called on Reilly to allow the initiative. The (anti-gay) Massachusetts Family Institute (anti-gay advocacy website) has sponsored the http://www.ago.state.ma.us/filelibrary/petition05-02.rtf">proposed initiative (.rft format), which would amend the (Massachusetts) state constitution to define marriage as being between a man and a women. The Massachusetts Supreme (Judicial) Court in 2003 legalized same-sex marriages in the state (see: Goodridge v. Department of Public Health, 440 Mass. 309 (2003) ). Read a news release from Reilly's office. AP has http://news.yahoo.com/news?tmpl=story&u=/ap/20050907/ap_on_re_us/massachusetts_gay_marriage_1">more.
.
http://jurist.law.pitt.edu/paperchase/2005/09/anti-gay-marriage-initiative-allowed.php

.

This is an excellent overview and helpful understanding regarding the new Massachusetts ballot initiative to overturn the Massachusetts Supreme Judicial Court's 2003 decision legalizing same-sex marriage in Massachusetts. I strongly urge all to take the time and read these linked hypertexts (above).

As a lawyer practicing in Massachusetts, I disagree with Attorney General Thomas F. Reilly in his decision allowing this anti-gay marriage ballot initiative to go forward. This ballot initiative is unconstitutional u/ our Massachusetts constitution. Massachusetts Gay and Lesbian Advocates and Defenders (GLAD), who represent the same-sex couples that originally brought the Goodridge case, will be appealing Reilly's decision. The appeal will be heard, initially, by one SJC justice, then the full court will review the matter if appealed further. The SJC's opinion is final whether this anti-gay ballot initiative goes forward to its next step as defined above.

see also: (1) http://www.boston.com/news/local/massachusetts/articles/2005/09/08/reilly_oks_2008_initiative_on_ban_of_gay_marriage?mode=PF (Boston Globe, sub-headlines, page A-1, Thursday, September 8, 2005), and
(2) http://www.boston.com/news/local/massachusetts/articles/2005/09/08/decisions_critics_may_appeal_to_sjc?mode=PF

.