By Jay Lindsay
Associated Press
Thursday, December 28, 2006

BOSTON, Dec. 27 -- Massachusetts's highest court said Wednesday that it has no authority to force lawmakers to vote on a proposed constitutional amendment to ban same-sex marriage, rejecting an appeal by Gov. Mitt Romney (R) and other opponents of gay marriage.

But in their unanimous ruling, the seven justices rebuked the legislature for its "indifference to, or defiance of, its constitutional duties."

Opponents of same-sex marriage have collected 170,000 signatures in favor of an amendment to end the practice. But the measure needs the legislature's approval to appear on the 2008 ballot, and lawmakers refused to vote on the proposal last month.

In its ruling, the Supreme Judicial Court -- the same court that ruled in 2003 that the Massachusetts Constitution gives same-sex couples the right to marry -- said it cannot force a vote. It said that the legislature's obligation to vote was "beyond serious debate" but that the most the court could do was remind lawmakers of that duty.

"There is no presently articulated judicial remedy for the legislature's indifference to, or defiance of, its constitutional duties," the court said.

The proposed amendment needs the approval of lawmakers in two consecutive two-year sessions to appear on the 2008 ballot. If lawmakers adjourn their current session Tuesday without taking up the amendment, the measure will die.

In a statement, Romney, who is widely expected to run for president in 2008, said: "The issue is now whether the legislature will follow the law."

The proposed amendment would define marriage as the union of a man and a woman. It would leave all existing same-sex marriages intact but would ban any more such weddings. More than 8,000 same-sex couples have been married in Massachusetts.

Opponents of gay marriage argue that it should be up to the people, not the courts, to define marriage. Supporters say the civil rights of a minority should not be put to a popular vote.