Vote switches by lawmakers are key to the day

Several dozen lawmakers, Republicans and Democrats alike, switched their positions on the divisive issue of gay marriage last night in an attempt to break the legislative deadlock that has paralyzed Beacon Hill, a Globe analysis of the night's three roll-call votes shows.

Following the lead of House Speaker Thomas M. Finneran, once an ardent foe of expanded rights for same-sex couples, 31 representatives dropped their opposition to placing language in the state constitution that would guarantee gays all of the rights and benefits of marriage in civil unions, the analysis shows.

That bloc made a crucial difference in the night's first vote on a measure backed by Finneran and Senate President Robert E. Travaglini, which was decided, 129-69.

In the night's final vote, in which gay marriage supporters hoped to defeat the Finneran-Travaglini proposal and kill the gay marriage debate altogether, 22 of 23 Republican House members who had opposed the amendment switched strategies and backed it instead. The final tally was 121-77.

"In order to keep the debate alive, you had to vote for it or you had nothing," said Republican Representative Paul K. Frost of Auburn. "If we had all voted no, there would have been nothing to debate about, and that's what it comes down to. Our 22 votes allowed this to go to the next level. We had a feeling that our votes would matter in the end, and it ended up being true."

Eric Fehrnstrom, a spokesman for Republican Governor Mitt Romney, said the administration was pleased with the results: "At this stage, the Finneran-Travaglini amendment is better than no amendment at all, and the Republicans recognize that plain fact. The governor did not have any direct conversations with any legislator, but our legislative office was in touch with the House Republicans and we were aware of what they were going to do."

In addition, Travaglini, who presides over the constitutional convention, managed to persuade two of his Senate colleagues to back a measure that would ban same-sex matrimony but create civil unions.

Previously, Michael W. Morrissey of Quincy and Robert L. Hedlund of Weymouth did not back a similar measure championed by Travaglini.

Morrissey said he backed the so-called compromise amendment because "it was much better worded" than a comparable measure offered by Travaglini last month. And on top of that, he said, "I don't want to walk out of here without [putting] a question on the ballot."

For weeks, skeptics wondered if Finneran would cast a vote in favor of the amendment that he had cosponsored with Travaglini. Among those joining him were other longtime conservative Democrats in Finneran's leadership team, such as Eugene L. O'Flaherty of Chelsea and John H. Rogers of Norwood.

But there was no guarantee last night that the group of 32 House members who shifted in favor of civil unions on the first vote would continue to do so as the night wore on. The measure would have to survive three more roll-call votes to pass on to next year's Legislature.

In order to amend the state constitution, a measure must pass two successive Legislatures by a majority of those elected at the beginning of the session -- in this instance, 101 -- and then be approved by a majority of voters at a statewide ballot referendum.

The earliest the Travaglini-Finneran proposal could go before voters is November 2006 -- about 2 1/2 years after gays would have been allowed to marry under a landmark Supreme Judicial Court ruling handed down on Nov. 18.

Plenty of lawmakers who support gay marriage yesterday switched voting strategies from last month's constitutional convention, hoping they would provide the winning edge. Ten showed they were now willing to cast a strategic vote that at least temporarily showed them in favor of a ban. That group, which included Democratic Representatives Ruth B. Balser of Newton and Patricia A. Haddad of Somerset, joined 24 other colleagues to support a measure they personally opposed.

But eight lawmakers who support gay marriage but voted against it last time in a strategic move refused to do so again in last night's first vote. That group included the Senate assistant majority whip, Robert A. Havern 3d of Arlington and Representative Gloria L. Fox of Roxbury, the analysis showed. Yet, clearly it was the followers of Finneran who carried the vote for the leadership amendment.

Democratic Representative James Vallee of Franklin, who chairs the House Criminal Justice Committee, said he went along with the speaker's measure without any cajoling from Finneran.

Rather, he said, it jibed with his two-pronged desire to create civil unions and to send a question to the voters. "I never had a conversation with the speaker on this," Vallee said.

"This stays in line with my position. And more importantly, it puts something on the ballot for people to vote on."

Globe correspondent Bill Dedman contributed to this report.