Constitutional Convention (Monday, March 29, 2004)
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CONSTITUTIONAL CONVENTION: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.
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