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Constitutional Convention (Wednesday, Feb. 11, 2004)

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CONSTITUTIONAL CONVENTION – WEDNESDAY, FEB. 11, 2004

Sen. Nuciforo said point of parliamentary inquiry. Could you refresh my memory? Is it true that Speaker Finneran has offered a further amendment?

Sen. Travaglini said yes.

Sen. Nuciforo said if this is adopted, will it foreclose consideration of further amendments?

Sen.Travaglini said yes, that is correct.

Sen. Lees said I appreciate this opportunity to address the convention. What happened a few months ago absolutely shocked me. As a common courtesy to the Speaker, after I was recognized to offer an amendment, the Speaker stood up to make opening remarks. He used that moment to do something I believed was wrong since I was recognized. Let me tell you what I was going to offer. I had put forward an amendment that reflects a compromise on the two issues discussed over the last several weeks. It maintains the language of a union of one man and one woman and establishes civil unions for same-sex couples under the constitution. This is a compromise that will adequately address the issue of same-sex partners. This legislature is no stranger to the art of compromise. I have heard that the SJC usurped the people’s power. I agree the people should be heard. I ask that they give their opinion on both of these issues.

Rep. O’Flaherty said point of parliamentary inquiry. Is the gentleman speaking on the amendment or an amendment he is proposing at some point later?

Sen. Travaglini said both.

Sen. Lees said I am speaking on both. It is important to vote no and bring to the voters the issue of same-sex marriage and traditional marriage. After May 17, the rights of same-sex couples must be addressed. In light of the federal DOMA, the states are empowered to address same-sex marriage. The Commonwealth can lead and ensure same-sex couples are not denied rights and privileges. How do we know that when the Speaker indicates he will bring something forward that it will actually happen? The Senate has sent domestic partnership and civil union legislation with no action by this House. The only thing this says is you may do something. That means you may not do something as well. It is important to hear the amendment I will propose in opposition to the amendment before you. Sen. Lees began reading his amendment.

Sen. Travis said point of order, the gentleman is reading an amendment that is not before this session. He is now reciting the language of an amendment that has not come before us. Will you ask him to stick to the amendment?

Sen. Travaglini said the chair will grant great latitude.

Sen. Lees said I did not jump up and interrupt the Speaker even though I felt he was out of order and abused the kindness that the Speaker offered him. Sen. Lees continued to read his amendment. What is before this body will not allow people of the same sex to enter into civil unions. We know that under the rules of the House and Senate, a piece of legislation that comes forward can be held up for myriad reasons by any individual. Amendments can be offered for days. All we are asking, I believe the people in the hall and those that have written letters, we give the people a chance to vote and be heard. We also make sure that discrimination does not occur in this Commonwealth should the public vote that change in of a marriage between a man and a woman. Talk to any legal scholar.

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