Massachusetts

Proposed Marriage Amendment

When recognizing marriages entered into after the adoption of this amendment by the people, the Commonwealth and its political subdivisions shall define marriage only as the union of one man and one woman.

This is the text on the initiative petition in Massachusetts.

History

Massachusetts has moved to the center of the debate over same-sex "marriage" in the United States. After several years of legislative inaction on measures intended to reaffirm the definition of marriage, promarriage groups last year drafted a constitutional amendment to be enacted by Massachusetts voters.

In April 2001, seven same-sex couples filed suit in Suffolk County Superior Court, seeking a constitutional right to same-sex "marriage." A year later, on May 8, 2002, Judge Thomas Connelly issued a 26-page opinion dismissing the lawsuit. The plaintiffs have announced plans to appeal.

Meanwhile, marriage supporters collected over 100,000 signatures in support of the Protection of Marriage Amendment, significantly more than the 57,000 required by law. The amendment then went to a joint session of the Massachusetts legislature, where it is currently pending in constitutional convention. If the amendment gains the support of 25% of the 200 members of the joint session, it will be reported to the next session of the Massachusetts legislature, where it must again receive 25% support. If approved, the amendment will then appear on the ballot in the November 2004 general election.

View full timeline, May 9, 2002 (PDF - 10KB)

More Information

Marital Privileges and Duties Under MA Law

Current Legislative Activity

• A constitutional amendment defining marriage between a man and a woman has been approved, but must be approved in next legislature, before it goes on the ballot in November 2006

Websites

Government Website
Massachusetts Family Institute