Today the
Massachusetts supreme judicial court in Boston hears a
challenge to a ballot initiative on same-sex marriage that
would go before voters in 2008. A gay rights group
filed suit in January, saying any ballot question
seeking to overturn the court's 2003 ruling granting
marriage equality is illegal, the Associated Press reports.
"The people cannot directly challenge and attack
a decision of the court," Gary Buseck, legal director
of Gay and Lesbian Advocates and Defenders, which
filed the lawsuit, told the Associated Press.
However, Massachusetts attorney general Tom
Reilly, who certified the ballot question, has said
that if it is approved by voters, the initiative would
not reverse the court's ruling nor invalidate same-sex
marriages that have already taken place. But it would amend
the state's constitution to prevent future
same-sex marriages from occurring.
According to the AP, more than 124,000
signatures have already been gathered in support of
the ballot question, which would state that marriage
is solely the union between one man and one woman. In order
to be placed on the 2008 ballot, the question
would still have to gain the support of 25% of the
state legislature in two consecutive legislative
sessions. (The Advocate)