Tuesday, July 16, 2002

A story published today by the Boston Globe reports that despite charges that Massachusetts Senate President Thomas F. Birmingham is thwarting democracy, he yesterday refused to rule out once again preventing a vote on a ballot question that would ban same-sex marriage.

On the eve of tomorrow's constitutional convention, Birmingham said he is seeking ways to defeat the measure, which he called ''hateful'' and ''mean-spirited.''

Birmingham said he is strategizing with other opponents on ways to block the question from advancing tomorrow, but he would not detail their plans. The measure needs support from 25 percent of legislators in two successive sessions to be placed on the ballot.

''I'm going to do what I can to defeat it,'' he said. ''Our options are open.''

Birmingham and activists groups appear to lack the votes to defeat the measure, so they are seeking other ways to impede it. Birmingham's maneuvers irk backers of the same-sex marriage ban, who accuse him of denying the public's right to vote on the question. Supporters of the marriage proposal collected approximately 130,000 signatures to place the question before voters in the 2004 election. Without a vote by the end of this year, the measure would not make the ballot.

''Tom Birmingham is using the constitutional convention, manipulating it, and taking advantage of procedure,'' said James Lafferty, spokesman for Massachusetts Citizens for Marriage. ''The voters deserve the ability to make a choice.''

Supporters of the same-sex marriage ban say they have heard from rank-and-file lawmakers who want to take up the question for a vote, but those members have little leverage because Birmingham oversees the agenda. The rank-and-file members will try to prevent the convention from adjourning tomorrow without taking a vote, but a simple majority will prevail.

''Tom Birmingham ought to respect the constitution and allow the people the opportunity to vote on the merits of the proposal,'' said Catholic Action League executive director C. J. Doyle.

However, activist groups are supportive of Birmingham's tactics, fearing that they do not have the votes to defeat the measure at the convention and hoping to keep the question from ever making it on to the ballot. They applauded Birmingham for taking a stand against a measure that they say would result in the loss of benefits such as health insurance and bereavement leave for same-sex couples.