Tuesday, December 24, 2002

A story released today by the Associated Press reports that acting Massachusetts Governor Jane Swift yesterday said she has no plans to break a legislative stalemate over the fate of three proposed constitutional amendments, including one outlawing same-sex marriage.

On Friday, the state Supreme Judicial Court ruled that the Legislature had not taken final action on the three questions, as required, before the House and Senate adjourned a joint Constitutional Convention in July.

But the court refused to say whether Swift was required to call the lawmakers back into joint session. The court indicated that Swift might be able to avoid that call if she decides it would be futile.

Swift said she is still waiting to see if the Legislature will voluntarily reconvene. She said her decision hinges on whether she decides that calling the lawmakers back into the joint session would be a waste of time. Both Senate President Thomas Birmingham and Swift oppose the antigay marriage question.

Birmingham said the ball is in Swift's court. He said the only other way the Legislature could come back into formal session is by unanimous consent, and at least two senators have told him they would object.

''That's an exercise in futility,'' he said. ''Clearly, if anyone has the obligation to bring us back, it's the governor.''

''Our hope is that the governor will come to her senses and call the Legislature back into session,'' said Brian Diver of Massachusetts Citizens for Marriage.