Mass. Constitutional Convention (Feb.2004)

Constitutional Convention (Wednesday, Feb. 11, 2004)

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CONSTITUTIONAL CONVENTION – WEDNESDAY, FEB. 11, 2004

Speaker Finneran continued: The court might have noted that 38 states have enacted DOMA statutes and there has been no effort to do so here. We thought not necessary, we can continue to move forward. Last but not least, the Commonwealth may have noticed that it’s been reported there has been almost a three-year active effort to effectuate and implement a civil union bill. Some of our gay and lesbian colleagues wanted a chance to argue that further and we have not put it on the floor. A civil union bill or DOMA bill could have been brought forward at any time. The court could have only concluded that the Legislature, on its own initiative and desire to make sure our gay and lesbian family and friends feel welcome in this wonderful place, the court would have had to take notice that it has been steady, sustainable and astounding progress on gay and lesbian issues. The notion of having this progress be sustainable is important. The progress on gay and lesbian issues has occurred all across the board, more notably in Massachusetts than other jurisdictions. In at least two other jurisdictions, Alaska and Hawaii, where there was imposition by the judiciary, the people reacted to that. It was seen as highly highly inappropriate. The court, in my opinion, missed all of this. I share a quote from John Adams. In a famous trial, he said facts are stubborn things, you can’t erase them, they do not go away. Indeed, facts are stubborn things. The amendment addresses four things. It would define marriage as one man and one woman and for the first time present to the court rational bases – plural - for our adoption of that definition of marriage. The court, I can’t anticipate what they will say, for the first time would confront a situation in which the convention through a statute would articulate a rational basis. The second thing the amendment does is by specific reference to civil unions and to the House and Senate would make crystal clear our desire and intention to move forward and adopt some form of civil unions. The debate is occurring in the midst of the tumult and full consideration is being given to that. I spoke to Rep. Rogers at Ways and Means and they have indicated it is entirely possible for the House to have on this floor for your consideration on Feb. 23 or Feb. 24. The amendment makes clear the intention to move in that fashion. Third, this amendment, if adopted would begin the course of correction of the SJC’s intrusion into an area where they are not to operate, the area of policy. That is your jurisdiction and domain. That is the reason you ran for office, to shape and speak out and fight for public policy. It is emphatically not the domain of the SJC. It is the citizens who hold the penultimate power in this matter. They are the only ones who can amend the constitution. People on both sides talk about the sacred nature and text of our constitution. The people must be given an opportunity to be heard. They are the repository if you will of the penultimate power. Should we adopt the pending amendment, it will conclude this ordeal and trauma that we have been going through. All of it can be concluded by adoption of this amendment.

Rep. Harkins said we stand here together debating whether the constitution should be amended to exclude a class of human beings from certain rights. I quote from the Declaration of Independence. We hold these truths to be self evident that all men are created equal. She then read from Article 9 of the Bill of Rights. Our state constitution declares all men are born free and equal and have inalienable rights. It does not seem reasonable to use our constitution as a vehicle to interfere with rights of others. Rep. Harkins read extensively from an address by Abraham Lincoln. Members began talking and Senate President Travaglini urged them to quiet down.

Rep. Harkins continued to read from Lincoln’s remarks. I must do the best I can and bear the responsibility. She quotes from Justice Holmes and Justice Blackman. The 13th amendment abolished slavery. The 19th amendment gives women the right to vote. Our special needs students’ education came about as a result of our reading of the equal protection clause. We prohibit discrimination against handicapped individuals. In every instance, we have extended liberties to the people. As Lincoln said, this nation was conceived in liberty and dedicated to the proposition that all men are created equal. I have marched with Martin Luther King to this common in Boston to support civil rights. Today I will cast another civil rights vote in defense of our constitution.

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Pictures and Photos Local News Constitutional Convention Transcripts Username Password	Constitutional Convention (Wednesday, Feb. 11, 2004) «Previous Page · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 · Next Page» CONSTITUTIONAL CONVENTION – WEDNESDAY, FEB. 11, 2004 Speaker Finneran continued: The court might have noted that 38 states have enacted DOMA statutes and there has been no effort to do so here. We thought not necessary, we can continue to move forward. Last but not least, the Commonwealth may have noticed that it’s been reported there has been almost a three-year active effort to effectuate and implement a civil union bill. Some of our gay and lesbian colleagues wanted a chance to argue that further and we have not put it on the floor. A civil union bill or DOMA bill could have been brought forward at any time. The court could have only concluded that the Legislature, on its own initiative and desire to make sure our gay and lesbian family and friends feel welcome in this wonderful place, the court would have had to take notice that it has been steady, sustainable and astounding progress on gay and lesbian issues. The notion of having this progress be sustainable is important. The progress on gay and lesbian issues has occurred all across the board, more notably in Massachusetts than other jurisdictions. In at least two other jurisdictions, Alaska and Hawaii, where there was imposition by the judiciary, the people reacted to that. It was seen as highly highly inappropriate. The court, in my opinion, missed all of this. I share a quote from John Adams. In a famous trial, he said facts are stubborn things, you can’t erase them, they do not go away. Indeed, facts are stubborn things. The amendment addresses four things. It would define marriage as one man and one woman and for the first time present to the court rational bases – plural - for our adoption of that definition of marriage. The court, I can’t anticipate what they will say, for the first time would confront a situation in which the convention through a statute would articulate a rational basis. The second thing the amendment does is by specific reference to civil unions and to the House and Senate would make crystal clear our desire and intention to move forward and adopt some form of civil unions. The debate is occurring in the midst of the tumult and full consideration is being given to that. I spoke to Rep. Rogers at Ways and Means and they have indicated it is entirely possible for the House to have on this floor for your consideration on Feb. 23 or Feb. 24. The amendment makes clear the intention to move in that fashion. Third, this amendment, if adopted would begin the course of correction of the SJC’s intrusion into an area where they are not to operate, the area of policy. That is your jurisdiction and domain. That is the reason you ran for office, to shape and speak out and fight for public policy. It is emphatically not the domain of the SJC. It is the citizens who hold the penultimate power in this matter. They are the only ones who can amend the constitution. People on both sides talk about the sacred nature and text of our constitution. The people must be given an opportunity to be heard. They are the repository if you will of the penultimate power. Should we adopt the pending amendment, it will conclude this ordeal and trauma that we have been going through. All of it can be concluded by adoption of this amendment. Rep. Harkins said we stand here together debating whether the constitution should be amended to exclude a class of human beings from certain rights. I quote from the Declaration of Independence. We hold these truths to be self evident that all men are created equal. She then read from Article 9 of the Bill of Rights. Our state constitution declares all men are born free and equal and have inalienable rights. It does not seem reasonable to use our constitution as a vehicle to interfere with rights of others. Rep. Harkins read extensively from an address by Abraham Lincoln. Members began talking and Senate President Travaglini urged them to quiet down. Rep. Harkins continued to read from Lincoln’s remarks. I must do the best I can and bear the responsibility. She quotes from Justice Holmes and Justice Blackman. The 13th amendment abolished slavery. The 19th amendment gives women the right to vote. Our special needs students’ education came about as a result of our reading of the equal protection clause. We prohibit discrimination against handicapped individuals. In every instance, we have extended liberties to the people. As Lincoln said, this nation was conceived in liberty and dedicated to the proposition that all men are created equal. I have marched with Martin Luther King to this common in Boston to support civil rights. Today I will cast another civil rights vote in defense of our constitution. «Previous Page · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 · Next Page»