How Should a Legislator Decide?

MassNews Staff
December 6, 2002

How does a Legislator decide which way to vote on the Amendment?

"This is not a question of whether a Senator or Rep approves the Amendment," says Sarah McVay Pawlick, President of Mass. Citizens for Marriage.

"Everyone agrees this has not been debated in a serious manner and it should be for the next two years. If the next Legislature wishes to kill it after hearing more debate next year, they can do so. But they should listen this time before they decide.

"In addition, the Supreme Judicial Court has said that the purpose of requiring that only 25% of the Legislature is needed to send an Amendment on to the people for their vote is to ensure that the Amendment has 'at least a reasonable amount of public support.'

"But no one - not even the opponents -- denies that this Amendment has the support of over 60% of the citizens.

"The opponents have clearly stated that many times, and they've also said that is why they don't want it to go to the people - they (and everyone else) know that the people overwhelmingly support the measure."

"Besides, everyone knows there has been no meaningful debate on this matter. It should be thoroughly debated for a year or more and then the Legislature will get a chance to vote again. That's what is supposed to happen."

Pawlick says that when they finally do get to vote, a legislator cannot in good conscience vote against the Amendment simply because he or she does not favor it. The level that is required for him to reject it is much higher. It is not their prerogative to thwart the people - regardless of his or her personal beliefs.

The SJC said it this way in 1982, "The 'one-fourth vote' requirement applicable to initiative amendments was intended as a 'legislative minority check' on initiative amendments to the Constitution. Its purpose is to ensure that initiative amendments submitted to the people for approval have at least a reasonable amount of public support, as reflected by the favorable votes of at least one-fourth of the legislators elected to the General Court."