UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE IN JOINT SESSION.

Thursday, February 12, 2004.

Joint Session of the Two Houses to Consider
Specific Amendments to the Constitution.

At six minutes past twelve o'clock noon, the two Houses met in

JOINT SESSION

and were called to order by the Honorable Robert E. Travaglini, President of the Senate.

The Proposal for a Legislative Amendment to the Constitution relative to the affirmation of marriage (House, No. 3190) was considered, the question on being ordering the proposal to a third reading.
The Proposal was as follows:--

ARTICLE OF AMENDMENT.

It being the public policy of this Commonwealth to protect the unique relationship of marriage in order to promote, among other goals, the stability and welfare of society and the best interest of children, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts. Any other relationship shall not be recognized as a marriage or its legal equivalent.

Pending the question on ordering the proposal to a third reading, the amendment previously moved by Mr. Barrios that the proposal be amended by substituting the following new text:-
"It is the public policy of this commonwealth to protect the unique relationship of marriage in order to promote, among other goals, the stability and welfare of society. All marriages between two people shall be eligible for all the rights and benefits of marriage",- was considered, the question being on adoption of the amendment.
Pending the question on adoption of the amendment, Mr. Loscocco of Holliston moved that amendment be further amended striking out the text and inserting in place thereof the following:-

"It being the public policy of this commonwealth to protect the unique relationship of marriage, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts.
This article is self-executing, but the General Court may enact laws not inconsistent with anything herein contained to carry out the purpose of this Article. Without limiting the foregoing provisions of this Article, the general court shall enact such laws as it shall determine necessary to establish in the commonwealth civil unions as may be defined by the general court from time to time."
Ms. Murray raised a point of order, which being stated that the amendment offered by Mr. Loscocco was out of order for the reason that it was duplicative of the previous amendment offered by Mr. Finneran.
Ms. Murray withdrew her point of order.
Subsequently, there being no objection, Mr. Loscocco withdrew his amendment.
The recurring question came on adoption of the pending amendment (Barrios). Mr. Travis of Rehoboth moved that the amendment be further amended by striking out the text and inserting in place thereof the following text:-
It being the public policy of this Commonwealth to protect the unique relationship of marriage in order to promote, among other goals, the stability and welfare of society and the best interest of children, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts. Nothing in the article requires or prohibits Civil Unions.
During consideration, Mr. Kelly of Dalton moved to adjourn the Joint Session, and the question on adjourning the Joint Session was determined by a call of the yeas and nays at a quarter before one o'clock P.M., as follows to wit (Yeas 44 - Nays 153) [Senate Yeas and Nays No. 455] [House Yeas and Nays No. 525]

The yeas and nays having been completed at four minutes before one o'clock P.M., the motion to adjourn was negatived.
During further consideration, at sixteen minutes before two o'clock P.M., Ms. Jehlen of Somerville doubted the presence of a quorum; and, a count of the Joint Session determined that a quorum was not present. Subsequently, at twelve minutes before two o'clock P.M., the President declared that a quorum was present; and the Joint Session proceeded with the business at hand.

At eleven minutes before two o'clock P.M., at the request of Mr. Lees, for the purpose of a minority party caucus, the President declared a recess; and at eleven minutes before three o'clock P.M., the Joint Session reassembled, the President in the Chair.

The yeas and nays having been completed at five minutes past three o'clock P.M., a quorum was declared present.
The Proposal for a Legislative Amendment to the Constitution relative to the affirmation of marriage (House, No. 3190),- was further considered, the question being on ordering the proposal to a third reading, with the amendment (Barrios) pending, coming first on the further amendment offered by Mr. Travis of Rehoboth.
During consideration of the further amendment, at eight minutes past four o'clock P.M., Ms. Fargo doubted the presence of a quorum and asked for a call of the yeas and nays to ascertain if a quorum was present. The President, having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently a roll call was taken for the purpose of ascertaining the presence of a quorum at eight minutes past four o'clock P.M., as follows to wit (Yeas 196 - Nays 0) [Senate Yeas and Nays No. 457] [House Yeas and Nays No. 527]

The yeas and nays having been completed at sixteen minutes past four o'clock P.M., a quorum was present.

At twenty-four minutes before seven o'clock P.M., Mr. Jones of North Reading doubted the presence of a quorum and asked for a call of the yeas and nays to ascertain if a quorum was present. The Speaker, having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently a roll call was taken for the purpose of ascertaining the presence of a quorum at twenty-three minutes before seven o'clock P.M., as follows to wit (Yeas 197 - Nays 0) [Senate Yeas and Nays No. 458] [House Yeas and Nays No. 528]

The President in the Chair, the yeas and nays having been completed at thirteen minutes before seven o'clock P.M., a quorum was declared present.
The Proposal for a Legislative Amendment to the Constitution relative to the affirmation of marriage (House, No. 3190),- was further considered, the question on ordering the proposal to a third reading, with the amendment (Barrios) pending, coming first on the further amendment offered by Mr. Travis of Rehoboth.
During further consideration, Mr. Pedone moved the previous question be taken forthwith on the pending further amendment.
On the motion for the previous question, the sense of the Joint Session taken by a call of the yeas and nays, at the request of the same member at two minutes past seven o'clock P.M., as follows to wit (Yeas 170 - Nays 27) [Senate Yeas and Nays No. 459] [House Yeas and Nays No. 529]

The yeas and nays having been completed at twenty minutes past seven o'clock P.M., the further amendment was rejected.

During further consideration, and pending the question on adoption of the pending amendment (Barrios), at twenty-five minutes past seven o'clock P.M at the request of Mr. Jones of North Reading for the purposes of a minority caucus, the President declared a recess; and at three minutes before eight o'clock P.M., the Joint Session reassembled, the President in the Chair.

At three minutes before eight o'clock P.M., Mr. Baddour doubted the presence of quorum and at two minutes past eight o'clock P.M., a quorum was deemed present.
The recurring question came on adoption of the pending amendment (Barrios), Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane moved that the amendment be further amended by striking out the text and inserting in place thereof the following text:-
It being the public policy of this Commonwealth to protect the unique relationship of marriage, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts. Two persons of the same sex shall have the right to form a civil union if they meet the requirements set forth by law for marriage. Civil Unions for same sex couples are established hereunder and shall provide entirely the same benefits, protections, rights and responsibilities that are afforded to couples married under Massachusetts law. All laws applicable to marriage shall also apply to civil unions.
This Article is self-executing, but the general Court may enact laws not inconsistent with anything herein contained to carry out the purpose of this Article.
At eighteen minutes before nine o'clock P.M., Ms. Harkins of Needham doubted the presence of quorum, but a quorum was deemed present.
During further consideration, Mrs. Sprague moved that the Joint Session recess until Wednesday, March 10, 2004, and this motion negatived.
The President then placed before the Joint Session the question on suspension of House Rule 1A in order that the Joint Session might continue to meet beyond the hour of nine o'clock P.M.
Accordingly, the question on suspension of Rule 1A was determined by a call of the yeas and nays at one minute past nine o'clock P.M., as follows to wit (Yeas 135 - Nays 62) [Senate Yeas and Nays No. 461] [House Yeas and Nays No. 531]

The yeas and nays having been completed at twelve minutes past nine o'clock P.M., House Rule 1A was suspended.

At seventeen minutes past ten o'clock P.M., Mr. Baddour doubted the presence of quorum and at twenty-two minutes past ten o'clock P.M., a quorum was deemed present.
During further consideration, at fourteen minutes before eleven o'clock P.M., Mr. Baddour doubted the presence of a quorum and asked for a call of the yeas and nays to ascertain if a quorum was present. The President, having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently a roll call was taken for the purpose of ascertaining the presence of a quorum at thirteen minutes before eleven o'clock P.M., as follows to wit (Yeas 191 - Nays 0) [Senate Yeas and Nays No. 462] [House Yeas and Nays No. 532]

The yeas and nays having been completed at four minutes before eleven o'clock P.M., a quorum was declared present.

During further consideration, the Speaker in the Chair; the Speaker declared a recess for the purposes of a majority caucus of the House; and at sixteen minutes past eleven o'clock P.M., the Joint Session reassembled, the President in the Chair.

    The Proposal for a Legislative Amendment to the Constitution relative to the affirmation of marriage (House, No. 3190),- was further considered, the question on ordering the proposal to a third reading, with the amendment (Barrios) pending, coming first on the further amendment offered by Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane.
    During further consideration, at midnight, the President interrupted the proceedings to place before the Joint Session the question of suspension of House Rule 1A to work beyond the hour of midnight and objection was made thereto.
    Accordingly, pending the question on adoption of the further amendment offered by Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane to the pending amendment (Barrios), pending the main question on ordering the proposal to a third reading, and without further action on the matters duly and constitutionally assigned for consideration, at one minute past twelve o'clock midnight, the Joint Session was recessed until Thursday, March 11, 2004 at two o'clock P.M.