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Constitutional Convention (Monday, March 29, 2004)

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CONSTITUTIONAL CONVENTION: MONDAY, MARCH 29, 2004

Rep. Scibak was recognized. He said I cannot let this debate conclude without talking about the children. How will these children benefit from a ban on same sex marriage? I have spent many hours researching this issue. Even if we assume it is wrong to allow marriage, it is obviously not the fault of the child. It is irrational to punish the children of same sex couples to deny them the rights afforded to them otherwise. The reality is, existing practice in the commonwealth, children are now living with loving gay parents. Is it right that those rights would magically disappear once they cross their lines and go to Disney World because they’ve crossed the state lines? This amendment tries to provide for equality, but it does not do it. When I took the oath of office, I pledged to represent all 40,000 of my constituents. This amendment frankly does not provide for full equality and I cannot vote for it. I agree with VP Cheney. The issue for me is actually pretty simple. Either you believe in discrimination or you do not. I cannot in good conscience vote for discrimination. And I urge you to do the same.Rep. Patrick was recognized. He said I rise in opposition to this amendment. In our oath of office, we swore to uphold the constitution, not once but twice. (Rep. Patrick quoted Article 2 of the Constitution). This is our system of checks and balances. Have you ever thought about what that article means? To me, it means the rights in the constitution should never be up for a popularity contest. Today I’m asking us all to lay aside our likes and dislikes. I’m asking us all to put aside our religious beliefs. I have read my oath of office over and over and I have decided it doesn’t matter what I think of civil unions. I have sworn to uphold the constitution of the state. That includes letting the SJC do the work it has exclusively in our constitution. It is their duty to interpret all laws under the constitution. Not mine, not yours, not the citizens. That’s the way it was designed so the majority cannot take away the rights of the minority. Who’s next? Native Americans? Muslims? The Constitution prevents us from taking away my rights or anyone else’s. What would happen to police officers if they decided to break their oath of office? The Eagle Scouts have forced me to uphold the greatest beliefs in life. Colleagues, I call on you now to uphold the beliefs we hold so dear. I urge you to vote no on this amendment.Rep. Harkins was recognized. She said I will be brief. I would like to end this debate where it began on Feb. 11, with words from the framers of our Constitution. (She read from the Constitution). Our gay brethren are petitioning us today to be free. I did support some parliamentary movements today to kill some other amendments from being brought up. And contrary to other beliefs, I don’t consider that to be sneaky, or underhanded. And now I must do what I think I must, and that is to protect our constitution from discrimination. Years from now, I am certain that my decision, whether it wins or loses today, will be vindicated. My children and yours will accept people. And I know that my participation will have as much effect as did the civil rights movement of the 1960s. I will therefore, after much deliberation, vote against the amendment and for protecting our constitution.Sen. Berry was in the chair. Several members stood to be recognized.Sen. Joyce was recognized. He said this is not the first time someone has tried to amend the constitution. For those that are having problems with having with voting your conscience, I urge you to do what you believe is best and be comfortable with that. Your participation will be recognized as part of history. This has been an extraordinary debate. I have some favorite moments. One is when my aunt from Florida, whom I never cared for, called my father. My father said you ought to be ashamed of Brian. She said I’m proud of him and hung up. I also received an extraordinary amount of emails, letters and phone calls. I’d like to read one of them. (Sen. Joyce read a constituent’s letter). I urge a no vote.

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