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Gay Marriage Amendment

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THE AMENDMENT

The "proposal for a legislative amendment to the constitution relative to the affirmation of marriage" says:

"It being the public policy of this Commonwealth to protect the unique relationship of marriage in order to promote, among other goals, the stability and welfare of society and the best interest of children, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts. Any other relationship shall not be recognized as a marriage or its legal equivalent."

THE PROCESS
Any amendment to the state constitution must be approved by a majority of lawmakers during two successive two-year legislative sessions. If approved by the end of the 2003-2004 session, which ends in December, the gay marriage amendment would have to be approved again during the 2005-2006 session before going on the ballot in November 2006.

THE VOTES
During the constitutional convention, a joint session of the House and Senate -- currently a total of 199 lawmakers, with one vacancy -- will have to take two votes.

The first action, to send the amendment to a third reading, must be approved by a majority of members who are present and voting. All bills are given three readings, and sending a bill to a third reading is an initial step toward final passage.

The second action, to give the amendment final approval and send it on for further consideration during the 2005-2006 legislative session, must be approved by 101 members. This would be the threshold regardless of how many people are in the chamber or voting at the time.

This second action could not be taken on the same day as the first unless four-fifths of lawmakers agreed to waive the rules of the constitutional convention.

AMENDING THE AMENDMENT
If lawmakers want to amend the amendment, as some have proposed, it could be done before the vote sending it to a third reading, or before the final vote. That would take a simple majority of those present and voting in the chamber.

Rep. Philip Travis, D-Rehoboth, the sponsor of the amendment, has proposed removing the last four words of the original bill - an action which some say would leave the door open for civil unions in Massachusetts.

Source: Senate Clerk's Office

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