Lawmakers divided on gay issue

BOSTON — An Associated Press survey of Massachusetts lawmakers shows a Legislature deeply divided over a proposed constitutional amendment to ban gay marriage in the state where the nation's first legally sanctioned same-sex weddings could take place as early as May.

The 199 House and Senate lawmakers — all of whom are up for re-election in November — could take up the volatile issue at a constitutional convention as early as Wednesday.

Meanwhile, Senate leaders discussed a possible compromise amendment that would ban gay marriage but allow civil unions — though it's unclear if that would satisfy either side.

"We are gauging whether there is consensus for it in the Senate," said Ann Dufresne, a spokeswoman for Senate President Robert Travaglini, a Democrat. "We should have a more definitive answer Tuesday."

The issue gained urgency last week when the state's high court declared that anything less than full-fledged marriage for gays in Massachusetts would be unconstitutional. The opinion put Massachusetts lawmakers at the center of a political maelstrom that is being closely watched across the country and could play a role in the presidential race.

All of Massachusetts' legislators were contacted by telephone and e-mail by the AP since last week's Supreme Judicial Court opinion, and 146 responded. Of those, 62 said they would oppose the constitutional amendment, while 70 said they could support it. An additional 12 said they were undecided, and three said they had no comment. Fifty-two did not respond.

There is probably nothing lawmakers can do to prevent the nation's first gay marriages from taking place May 17. The earliest the proposed amendment could reach the ballot is November 2006.

That is because the proposal first needs to be approved by a majority of lawmakers in two successive legislative sessions, which in Massachusetts last for two years. That means a revamped Legislature would take up the issue after next fall's elections.

Veteran statehouse observers called the situation extremely fluid, with some lawmakers flip-flopping under intense lobbying by members of the clergy, fellow politicians and gay-rights advocates. There's also the scrutiny of the national media and the fact that it is an election year.

"In 20 years of lobbying, I've never seen such a fluid issue," said Arline Isaacson, co-leader of the Massachusetts Gay and Lesbian Political Caucus. "There's such a high degree of emotion in this building and emotions are guiding legislators, who would rather be more thoughtful about this."