Romney seeks power to take marriage issue to justices

BOSTON — Gov. Mitt Romney made a long-shot bid Thursday to block the nation's first legally sanctioned gay marriages next month, asking lawmakers for permission to take his case directly to the state's highest court.

Legal experts said the move represented an unprecedented request that appeared unlikely to go anywhere.

The Republican governor proposed legislation that would let him appoint a special counsel to argue against gay marriage in front of the Massachusetts Supreme Judicial Court.

The move became necessary after the Massachusetts attorney general, the state's chief law enforcement officer, rejected Romney's request to ask the court to delay the start of same-sex weddings.

Romney wants justices to halt gay weddings for another 2 1/2 years, until voters have had an opportunity to weigh in on a constitutional amendment that would ban same-sex marriage while legalizing civil unions. The weddings are scheduled to start May 17.

"Fundamentally, I believe this is a decision which is so important it should be made by the people," Romney said. "I would like the right to be able to represent the people and my own office before the courts in Massachusetts."

The legislation faces an uphill battle in the state Senate, where a majority voted against the constitutional ban last month. The measure passed because of strong support in the House.

Even if the legislation passes, justices would probably be cool to the idea of delaying their ruling.

"He's encroaching upon the powers of the attorney general, clearly because of a difference of opinion to accommodate a political agenda," said Senate President Robert Travaglini.

The governor has no legal authority to go to court on behalf of the state. Legal experts could not recall any other instance where a governor had sought to directly approach the court.

"This would be an unprecedented intrusion on the attorney general's authority," said attorney Robert Sherman, who served as counsel to former Attorney General Scott Harshbarger. Romney has repeatedly said he would like to avoid the legal confusion that may ensue if gay marriages are allowed this spring and voters approve the constitutional ban in 2006.

The constitutional amendment must be approved by the Legislature a second time, during 2005-2006, before it reaches the ballot.