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Will Gay Marriage Be on the Ballot in Massachusetts in 2008?

As the state of Massachusetts prepares to begin a state constitutional convention, it seems pretty clear that they will avoid voting whether or not to place gay marriage on the ballot in 2008. While many believe that there are plenty of votes to get the issue on the ballot, based on positions publicly declared by lawmakers, it seems that some lawmakers would rather not have to decide.

Gay rights activists are encouraging Democratic lawmakers to pressure colleagues that they work closely with to change their votes if a vote should occur. At this point, legislators are saying they have too many other issues to see to, such as the budget, and that a vote is not likely to occur.

Groups defending traditional marriage sought an amendment to the state constitution defining marriage as a union between one man and one woman, much the same as the federal legal definition. Many states have already adopted this language.

This would prevent courts from stepping in and creating new marriage laws as has already occurred in Massachusetts. Interestingly enough, gay rights activists are vehemently opposed to letting the people decide and they work hard to keep the measure off the ballot.

Our government is designed to be by the people, for the people, yet these folks work to keep the people from having a voice. In some states, even where the issue has been voted down through referendum, challenges have been made in court to appeal the will of the people.

This will certainly continue to be a heated debate, but those who passionately support gay marriage must understand that there is a process. They too should be required to follow that process and to accept the results. Courts simply do not have the power to write law, which is in essence what they are doing when they sidestep state constitutions, marriage laws, and ballot initiatives.