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September 7, 2005

Reilly Certifies Anti-Gay Ballot Initiative

by at 3:04 pm.

Reilly, you damned coward you.

At issue is a clause in the Massachusetts Constitution’s Article 48, which “permits the people to petition for a constitutional amendment that overrules a court decision when the court has declared a statute to be in violation of our constitution.”

Backers of the initiative say that makes it clear voters have the authority to overrule a court decision, while gay marriage advocates point out that the court case that led to gay marriage rights did not overturn an existing law.

You can put this down as a mark against you in my book. It certainly won’t help you when it comes time for me to endorse a Dem candidate for governor. A brave man would have used the laws to legitimately kill this horrible anti-family homophobic piece of crap.

Kudos to the Deval Patrick campaign, which sent out a press release very quickly:

I am disappointed in the Attorney General’s decision, but not surprised. He has had more than one chance to show leadership and political courage on this issue over the last few years and he has failed every time.

The SJC got it right. By ruling in favor of same sex marriage, the Court affirmed that everyone comes before their government as equals. Equality before the government and the law is a central value of our society. Because I am committed to those values I hoped the Attorney General would make a different decision. We need to move on to more pressing issues.

6 Responses to “Reilly Certifies Anti-Gay Ballot Initiative”

  1. Mass Marrier Says:

    Right you are. No guts. No governorship.

    We’re looking more like Maine all the time. It looks like a prolonged fight to keep the haters from stripping existing rights from a whole group. That’s virtually the definition of unAmerican, isn’t it?

  2. Lynne Says:

    These are trying times…

    We must look like monkeys (flung poo and all) to the rest of the world. Where do we get off telling other people about their human and civil rights abuses?

    UJP (United for Justice with Peace) the Boston coalition of peace groups with which GLPJ is affiliated, is apparently on the watch list for terrorist groups. Black is white and up is down with these people.

  3. Jim Says:

    I like Deval Patrick’s response.

  4. David Says:

    FWIW, I have a different view. I would like to believe that there is still some difference between law and politics. The letter released by the AG’s office makes a pretty compelling case that Reilly was right on the law, even though his action has probably hurt him politically more than it has helped him - just like he was right to bar the stem cell referendum from the ballot, an action that earned him much criticism for being political from the same crowd that now is praising his legal objectivity. The general idea behind Article 48 is that, with a few VERY narrow carve-outs (including the one that the stem cell petition ran afoul of), citizens can get pretty much anything they want on the ballot, as long as they can convince the required number of citizens and of legislators that it’s a good idea. We could argue about whether citizen-sponsored initiatives are a good idea until we’re blue in the face, but until the ground rules are changed, that’s the system we’ve got. Reilly’s job is to apply the system’s rules without regard to politics, and frankly, I think he’s done so here. There may be good reasons why Tom Reilly shouldn’t be the Dem’s nominee for Governor, but IMHO his certification decision isn’t one of them.

  5. Lynne Says:

    Really? I’d read it was a vague enough statute that it could be interpreted two different ways…but I’m no lawyer.

    If there was an ounce of an out for sending this thing into the dust where it belongs, I would hope that Reilly would use it. I’m not sure he did. Then again, as he said, he’s against it but still certified it. That’s either because he really believes he had to even if it was abhorrant to him; or else, doesn’t want to incur the wrath of the religious right the way Patrick will by standing up so staunchly for gay rights, and so he can be perceived as centrist.

  6. David Says:

    If there was an ounce of an out for sending this thing into the dust where it belongs, I would hope that Reilly would use it.
    The problem with that is that what goes around, comes around. It’s not hard to imagine a different SJC issuing a constitutional decision, on gay marriage or on some other topic, that we “progressives” are very unhappy with, and that we’d want to amend the Constitution to “overrule” the decision. Under Reilly’s ruling, we’d be able to get that amendment on the ballot if we can get enough signatures. But if Reilly had ruled the other way (and was upheld by the SJC), it would basically be impossible for citizens to initiate a petition to overrule the SJC on a constitutional matter. That, IMHO, would be a very bad state of affairs. By sticking to legal issues and avoiding politics, Reilly has done his job, and has done the right thing as well.

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