VOM Federal Lawsuit

This morning at 9:30 AM, the Alliance Defense Fund filed a federal lawsuit regarding the Massachusetts Legislature's failure to vote on the Marriage Amendment in Worcester District Federal Court. The defendants are the 109 legislators who voted to recess the Constitutional Convention on November 9. The plaintiffs are 7 petition signers from Worcester County and 4 other petition signers. The Massachusetts Constitution provides for a right for citizens to amend the Constitution by way of initiative. When a citizen initiative meets the procedural requirements in Article 48 of the Constitution, the Legislature is REQUIRED by the Constitution to vote on whether to approve it (50 out of 200 votes are required for approval). By refusing to vote, the 109 legislators who voted to recess on November 9 violated their constitutional duty.

The complaint includes four specific "complaints" or causes of action:

1. The refusal to vote interferes with the citizens' right to engage in speech in support of the amendment because without a vote, it will never be placed on the ballot and never receive public debate about its merits.

2. The refusal to vote interferes with the right to petition the government (the citizens have petitioned the government, but the government has refused to accept the petition).

3. The refusal to vote has interfered with the plaintiffs' right to vote on the amendment in 2008, which would happen if the legislature voted.

4. The refusal to vote violates the federal guarantee of due process. The Massachusetts Constitution establishes the process necessary for placing an initiative on the ballot, and the legislators have refused to follow the process. This claim basically includes all of the others.

The prayer for relief on pages 17 and 18 describes what the suit is asking the court to do.
1. The suit asks the court to force the legislators to refund to VoteonMarriage.org the money expended on the campaign, plus punitive damages.

2. The suit asks the court to rule that the votes to recess on November 9 are to be counted as votes in favor of the amendment.

3. The suit asks the court to force the legislators to pay attorney fees.