Constitutional Convention (Wednesday, Feb. 11, 2004)
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CONSTITUTIONAL CONVENTION – WEDNESDAY, FEB. 11, 2004
Sen. Lees continued: There is a great question out there of what kind of benefits can be achieved under the language before us from the Speaker of the House. I ask that you vote no on this amendment and I will then offer an amendment. This gives you the opportunity to vote if you don’t believe in this amendment. I could be recognized as I already had been and was. That power was abused. The Travis amendment can come before us. That’s how it works. We could then vote to send it to third reading. We are not close to that vote yet. I hope everyone thinks about this. I have tried my best to be fair to everyone. I thank you for your courtesy. I know this is a very difficult issue for many.
Rep. Festa said the impact of our actions will reverberate for generations to come. I want to address an extraordinary misuse of the parliamentary process that was understood to be part of this debate. How many of you have a copy of the amendment we are about to consider that is going to affect every person in this Commonwealth for generations to come. Maybe about seven or eight of you have copies. I am disappointed that the nature of this has become a parliamentary maneuver. The amendment is a page long, double spaced. The amendment by any measure will deny anyone who seeks domestic partnership or civil union rights. They will find no solace in this piece of paper. This is an extraordinary attempt to completely circumvent the efforts of people here to present competing interests and ideas. We have heard reference by the minority leader that the Senate has been working in a bipartisan way to present an amendment.
Rep. Travis shouted Mr. President repeatedly but was not recognized.
Rep. Festa said the amendment contains an expression of a legislator to do something in the future. We have not considered domestic partnership legislation. Getting a bill is unclear at best and it likely to be a source of futility. We throw people a piece of paper and say, trust us. If any of you want to vote on my friend from Rehoboth’s amendment or want to be recorded in favor of the Travaglini-Lees amendment, do not be seduced by this piece of paper. Let the amendments we have vetted come before you and take a vote. Rep. Travis continued to ask to be recognized from the floor but was not.
Rep. Festa said simple DOMA will forever foreclose the possibility of civil unions. It will make it legally impossible. Reject this ploy and let us get to the business of dealing with the amendments that you all see.
Sen. Sprague was recognized.
Rep. Sprague said I have shouted Mr. President eight times to be the next speaker. I wish to speak in an orderly fashion after the next speaker.
Sen. Travaglini said a number of people have expressed a desire to speak and I will put you on that list.
Sen.
Sprague said I urge all of you to vote against the amendment put forth by
Speaker Finneran. I urge you to vote against that amendment and any violation
of this state’s great constitution today. I believe the SJC was rendering an
impartial interpretation to our constitution. The framers of the constitution
envisioned a constitution of civil government, not sectarian or theological
government. That guarantees that all of us have equal access to civil
procedures under a civil government. We are here to decide whether to change
our great constitution. Some say the Legislature needs to speak because the SJC
has overstepped its judicial boundaries. I suggest that our SJC did exactly
what our framers of our constitution ordered them to do when asked to make a
judgment. They provided an impartial interpretation of Massachusetts law.
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