A story published today by the Milford Daily News reports that supporters of a ballot question that would make same-sex marriages unconstitutional in Massachusetts said that acting Gov. Jane Swift is required to call the Legislature back into session to vote on the amendment.

Massachusetts Citizens for Marriage plan to file a motion with the state's high court Friday, demanding a clarification of what actions Senate President Thomas Birmingham, D-Chelsea, must take if that occurs.

Last month, the House and Senate voted to adjourn a joint Constitutional Convention without taking a vote on the voter-initiated amendment. The move sparked anger from people who said the Legislature was circumventing the voter initiative process.

In its complaint, the ballot supporters ask the Supreme Judicial Court to "clarify for the entire state" whether Birmingham acted illegally in allowing the convention to be adjourned.

"This doesn't affect just us, but anyone who brings a constitutional amendment," attorney J. Edward Pawlick said. "The way this is right now, the whole system is broken."

The state Constitution requires the governor to call the Legislature back into joint session if it fails to take final action on an amendment before adjourning, Pawlick said.

Opponents of the question argue, however, that the vote to adjourn was a final action.

To go on the ballot in November 2004, the marriage question would have needed approval by 25 percent of state lawmakers this session and again during the 2003-2004 legislative session.