Court can't force gay marriage vote

BOSTON --Massachusetts' highest court said Wednesday it has no authority to force lawmakers to vote on a proposed constitutional amendment to ban gay marriage. But it rebuked the Legislature for its "indifference to, or defiance of, its constitutional duties."

The unanimous 7-0 ruling -- and the stinging reproach -- leave the fate of the amendment up in the air in the only state that allows gay marriage.

Opponents of gay marriage have collected 170,000 signatures in favor of an amendment to end the practice. But the measure needs the Legislature's approval to appear on the 2008 ballot, and lawmakers refused to vote on the proposal last month. Gov. Mitt Romney, a Republican expected to run for president in 2008, and other opponents of gay marriage responded by suing to try to force the lawmakers to act.

In its ruling, the Supreme Judicial Court -- the same court that ruled in 2003 that the Massachusetts Constitution gives gays the right to marry -- said it cannot force a vote. It said that the Legislature's obligation to vote was "beyond serious debate," but that the most the court could do was remind lawmakers of that duty.

"There is no presently articulated judicial remedy for the Legislature's indifference to, or defiance of, its constitutional duties," the court said.

The proposed amendment needs the approval of lawmakers in two consecutive two-year sessions to appear on the 2008 ballot. The last day of the current session is Tuesday. If lawmakers adjourn without taking up the amendment, the measure will die.

In a statement, the governor said: "The issue is now whether the Legislature will follow the law."

State House Speaker Sal DiMasi, a gay marriage advocate, declined to comment on what action the House might take, or whether he agreed with the court, saying he needed to first analyze the 11-page ruling.

The proposed amendment defines marriage as the union of a man and a woman. It would leave all existing same-sex marriages intact but would ban any more such weddings. More than 8,000 gay couples have been married in Massachusetts.

Opponents of gay marriage argue that it should be up to the people, not the courts, to define something as important as marriage. Supporters of gay marriage say the civil rights of a minority should not be put to a popular vote.

Marc Solomon of MassEquality, a gay rights group, said after Wednesday's ruling: "We urge the Legislature to end this debate once and for all and let committed couples and their families get on with their lives."

One of the gay-marriage opponents who sued to try to force the Legislature to vote, C.J. Doyle of the Catholic Action League, said he doubts lawmakers will act, despite the court's rebuke.

"Our legislators have demonstrated time and time again a contempt for the constitution and for their oath of office," Doyle said.

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Associated Press writer Steve LeBlanc in Boston contributed to this report.