Despite a plea from the state's Catholic bishops to let the people of Massachusetts vote in 2008 on whether same-sex marriage should be allowed there, lawmakers meeting in joint session voted to adjourn July 12 before considering the issue.

The proposal to amend the Massachusetts Constitution to define marriage as the union of one man and one woman could still be on the November 2008 ballot if the legislators agree to that when they resume the constitutional convention Nov. 9.

Meanwhile, major court decisions were handed down July 14 on same-sex marriage in Nebraska and Tennessee.

The 8th U.S. Circuit Court of Appeals reversed a lower court ruling that struck down a Nebraska constitutional amendment banning same-sex marriage. The amendment was approved by 70 percent of the state's voters in 2000. In Tennessee the Supreme Court ruled that a state constitutional amendment to define marriage as between a man and a woman can be put before the voters.

Currently, Massachusetts is the only U.S. state to grant marriage licenses to same-sex couples.

In a statement issued prior to the session, the heads of the four Catholic dioceses of Massachusetts asked legislators to vote in favor of placing the question on the ballot, "so that the people ultimately can exercise their right to vote on such a crucial social and moral issue in 2008."

The proposed amendment "reflects the deeply rooted consensus in our society about what marriage is, a consensus rejected by a one-vote majority of the state supreme court without the people's input," they added.

Edward F. Saunders Jr., executive director of the Massachusetts Catholic Conference, told Catholic News Service July 13 that people must now work to assure that legislators follow through on Senate President Robert Travaglini's pledge to get through the full agenda for the constitutional convention.

Legislators took up only half of the 20 agenda items scheduled for consideration.

Saunders said Massachusetts law requires a vote on any question placed on the agenda of a constitutional convention, so the months leading up to the November election will give Catholics and other supporters of traditional marriage an opportunity to question candidates and current legislators about how they would vote.

To be placed on the ballot in Massachusetts, proposed constitutional amendments must be approved by one-fourth of the state's 200 legislators during two consecutive legislative sessions. If approved in November, the matter would come up again during the session that begins in January.

Two days before the constitutional convention, the Supreme Judicial Court in Massachusetts rejected a lawsuit challenging the proposed amendment.

In the Nebraska decision, the 8th Circuit said the state's constitutional amendment is not a violation of the U.S. Constitution. A lower court struck down the gay marriage ban because it said the measure was too broad and denied gays and lesbians the right to participate in the political process.

In Tennessee, the state Supreme Court ruled on a lawsuit brought by the American Civil Liberties Union, which claimed the state did not follow the requirements in its own constitution for putting the same-sex marriage issue on the ballot. In a unanimous decision the court said the ACLU did not have standing to bring a suit.

Tennessee already has a statute prohibiting gay marriage but lawmakers and others say a definition of marriage as between a man and a woman also needs to be in the constitution.

---CNS