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Same-sex marriage
may stay legal in Massachusetts

Same-sex marriage
may stay legal in Massachusetts

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A fragile coalition of lawmakers cobbled together to support a Massachusetts constitutional amendment banning same-sex marriage is falling apart, virtually assuring that for now same-sex marriage will remain legal in the state, according to an Associated Press poll.

A fragile coalition of lawmakers cobbled together to support a Massachusetts constitutional amendment banning same-sex marriage is falling apart, virtually assuring that for now same-sex marriage will remain legal in the state, according to an Associated Press poll. The survey, conducted September 6-9, found at least 104 lawmakers who plan to vote against the proposed amendment, which would ban same-sex marriage but create civil unions. The amendment, which is scheduled for a vote on Wednesday, needs the support of at least 101 of the state's 200 lawmakers to get on the 2006 ballot. "It's a dangerous precedent to take away rights that have been granted by the court for an identifiable group of people," said Democratic representative James Brendan Leary. Last year, months after the state's supreme judicial court ruled that same-sex marriage was legal, the amendment banning it passed 105-92. It must pass a second vote to get on next year's ballot, however. Reasons for the faltering support are rooted in the language of the amendment, which was intended as a compromise between foes of same-sex marriage and supporters of gay rights. It ultimately had an opposite effect, however, alienating opponents of marriage equality by creating civil unions and offending gay rights supporters by banning same-sex marriage. For the survey, the AP attempted to reach all 200 lawmakers with at least two phone calls. Of those polled, 104 said they would vote against the proposal, 19 said they would support it, and three said they were undecided. Opposition to the measure is likely deeper than the survey indicates. Several lawmakers who voted against it last year couldn't be reached. Others who have voiced strong opposition declined to respond. More than a dozen lawmakers who voted for the amendment the first time around said they would change their votes this week, either because they fully support same-sex marriage or oppose civil unions. Others said that after more than a year of watching gay and lesbian couples marry, they see no need to rescind the right. Since Massachusetts's same-sex marriages started taking place in May 2004, thousands of gay and lesbian couples have tied the knot. "I haven't talked to any married heterosexual couples that have felt threatened by same-sex marriages," said Democratic representative Anne M. Gobi, who said she couldn't support the compromise amendment, as she did last year. Many foes of marriage equality said they prefer a second, much stricter amendment that would ban same-sex marriage without granting civil unions. The earliest that proposal could go before voters is 2008. "We are going back to the beginning and defining marriage as the union of one man and one woman," said Democratic representative Philip Travis, who voted for the compromise amendment last year but now plans to vote against it. Some lawmakers who have supported same-sex marriage in the past declined to respond to the survey, saying they believed the vote was still too narrow, and many new lawmakers planned to vote against the measure because of campaign promises. Still, not everyone is switching their vote. Democratic representative James H. Fagan does not oppose same-sex marriage, but he's sticking with his yes vote on the constitutional amendment because he wants the state's citizens to decide. "I support their right to vote," Fagan said. "I would suggest that people do not vote to amend our constitution." (AP)

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