Prenuptial Agreement - Prenuptial Agreements - Prenuptial Forms - Prenuptial Contract - Legal Forms - Prenup
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Massachusetts High Court Won't Require Vote on Marriage Amendment.
In three separate judicial opinions handed down in late December, the Supreme Judicial Court of Massachusetts refused to require the Legislature to perform its constitutional duty to vote on the Protection of Marriage constitutional amendment. According to Article 48 of the Massachusetts Constitution, the Massachusetts legislature must take "final action" on all amendments pending before it, and that if such action is not taken the governor must reconvene the legislature. While the state supreme court held that the Massachusetts legislature did not take final action on the amendments when it voted to adjourn in July without considering the amendments, the court did not require the governor to call the legislature back into session.
Without a judicial order, Massachusetts Governor Jane Swift declined to call the legislature back into session for a vote on the amendment before the official close of the session on December 31, 2002. Though one remaining lawsuit seeks to have the court reinstitute the amendment in the legislature this year, it appears that the Protection of Marriage Amendment will not be put before Massachusetts voters unless supporters undertake a new initiative signature campaign.
Sources: Opinion of the Justices to the Acting Governor, 2002 WL 31846265 (Dec. 20, 2002 Mass.); Answer of the Justices to the Senate, 438 Mass. 1208 (Dec. 20, 2002 Mass.); Pawlick v. Birmingham, 2002 Mass. LEXIS 915 (Dec. 30, 2002).
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