Romney: Voters Should Define Civil Rights

Cardinal Sean P. O'Malley of the Archdiocese of Boston, left, is flanked by Massachusetts Gov. Mitt Romney, as they talk to reporters in Boston, Wednesday, June 28, 2006. Romney, renewing his call for an amendment to the state constitution banning gay marriage, says the U.S. constitution allows the people, not the courts, to define civil rights through the popular vote. "Who's going to tell us what a civil right is and what's not? Well, the people will." Supporters of gay marriage say it is a civil right that should not have to go to a popular vote, likening it to the desegregation battles of the 1960s, where the courts played a central role in expanding rights. (AP Photo/William B. Plowman) (William B. Plowman - AP)

BOSTON -- Republican Gov. Mitt Romney, renewing his support for a ballot question banning gay marriage, said Wednesday it's the job of voters _ not the courts or lawmakers _ to define what constitutes a civil right.

"Who's going to tell us what a civil right is and what's not? Well, the people will," Romney said in calling on lawmakers to allow a vote on a proposed amendment to the Massachusetts constitution that would ban same-sex marriage. The vote is scheduled for July 12.

Supporters have long cast same-sex marriage as a civil right that should not be subject to a popular vote, likening it to the desegregation battles of the 1950s and 1960s, where the courts played a central role in expanding rights for blacks.

Yet Romney, during a news conference attended by Cardinal Sean O'Malley and other religious and civil leaders, said that in a democracy, nothing is off-limits to voters, even the definition of civil rights.

"We have a Constitution. We can look in there and say, 'Does it say here you can vote on matters unless someone can define them as civil rights?' No," said the Republican governor, a graduate of Harvard Law School who is mulling a presidential run in 2008. "It says you vote on all matters in this country and we'll decide what is a civil right and what's not. So, fundamentally, we come back to the principle that the people speak."

State Democratic Rep. Byron Rushing, a supporter of gay marriage, said the civil rights of minority groups should not be subject to the whims of the majority.

"He's absolutely wrong when he says the definition of civil rights is a definition that is made by all the people," Rushing said. "It is not reasonable to ask all the people to decide what a civil rights issue is. If it was left up to popular referenda in the 1950s and 1960s, we would not have had any of the civil rights laws passed."

In a call to The Associated Press after the news conference, Romney appeared to temper his public remarks.

"I'm not saying that civil rights should be up to a popular vote," Romney said, although he added, "The Constitution does not prohibit the people from making any decision. The Constitution allows for the people to overrule the judiciary, the executive or the legislative" branches.