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

Thursday, March 11, 2004

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

At seven minutes past two o'clock P.M., the two Houses met in

JOINT SESSION

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

At nine minutes past two 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 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 nine minutes past two o'clock P.M., as follows to wit (Answered Present 196) [Senate Yeas and Nays No. 477] [House Yeas and Nays No. 549]:

The President in the Chair, the yeas and nays having been completed at seventeen minutes past two o'clock P.M., a quorum was declared present.

Statement of Representative Humason of Westfield.

A statement of Mr. Humason of Westfield was spread upon the records of the Joint Session, as follows:
MR. PRESIDENT: I write to request that I be allowed to explain why I missed the first quorum roll call (House Yea and Nay No. 549) of the Constitutional Convention.
I was speaking on the telephone in my office with a constituent about gay marriage. Unfortunately, the House quorum call was only open for three (3) minutes and I was unable to get to the Chamber until

The President, members, guests and employees then recited the pledge of allegiance to the flag.

The Proposal for a Legislative Amendment to the Constitution relative to the affirmation of marriage (House, No. 3190) was considered, the question being on 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, and pending the question on adoption of the amendment previously moved Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane 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.",- Mr. Rogers of Norwood moved to limit debate on the amendment to three hours.
After debate, at seventeen minutes before three o'clock P.M., the motion to limit debate on the amendment prevailed.
Mr. Peterson of Grafton doubted the vote and asked for a call of the yeas and the nays.
An insufficient number of members joining with him, the yeas and nays were not ordered.
The question coming on adoption of the pending amendment (Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane), Mr. Rogers of Norwood then moved to spread on the record a communication he received from two framers of the constitution, that being Senate President Travaglini and Speaker Finneran as to the legislative intent of their amendment.
After debate, the question on spreading the communication on the record was determined by a call of the yeas and nays, on motion of Mr. Barrios, at four minutes before three o'clock P.M. as follows to wit (Yeas 70 - Nays 125) [Senate Yeas and Nays No. 478] [House Yeas and Nays No. 550]:

The yeas and nays having been completed at two minutes past three o'clock P.M., the motion did not prevail.
The amendment (Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane),- was further considered.
During consideration, the Speaker in the Chair, at twenty-two minutes before five o'clock P.M., Mr. Rush of Boston, 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 nine minutes past two o'clock P.M., as follows to wit (Answered Present 195) [Senate Yeas and Nays No. 479] [House Yeas and Nays No. 551]:

The yeas and nays having been completed at eleven minutes before five o'clock P.M., a quorum was declared present.
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 being on the adoption of the further amendment (Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane).
During consideration of the further amendment, Mr. Peterson of Grafton moved to extend the hour of debate until the half past six o'clock P.M., and this motion was rejected.
After debate, question on adoption of the further amendment (Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane) was determined by a call of the yeas and nays at twenty-seven minutes before six o'clock P.M. as follows to wit (Yeas 129 - Nays 69) [Senate Yeas and Nays No. 480] [House Yeas and Nays No. 552]:

The yeas and nays having been completed at nineteen minutes before six o'clock P.M., the further amendment was adopted.

Pending the question on adoption of the pending amendment (Barrios), as amended (Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane), at seventeen minutes before six o'clock P.M at the request of Mr. Lees, for the purposes of a minority caucus, the President declared a recess; and at three minutes before seven o'clock P.M., the Joint Session reassembled, the President in the Chair.
At three minutes before seven o'clock P.M., Mr. Lees 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 three minutes before seven o'clock P.M., as follows to wit (Answered Present 196) [Senate Yeas and Nays No. 481] [House Yeas and Nays No. 553]:

The yeas and nays having been completed at ten minutes past 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 the question being on adoption of the pending amendment (Barrios), as amended (Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane), to the main amendment and after debate, the question on adoption of the further amendment was determined by a call of the yeas and nays at twenty-nine minutes past eight o'clock P.M. as follows to wit (Yeas 136 - Nays 62) [Senate Yeas and Nays No. 482] [House Yeas and Nays No. 554]:

The yeas and nays having been completed at twenty-two minutes before nine o'clock P.M., the pending amendment (Barrios) was adopted, as amended.

Pending the question on ordering the proposal, as amended, to a third reading, at twenty-one minutes before nine o'clock P.M at the request of Mr. Jones of Reading, for the purposes of a minority caucus, the President declared a recess; and at five minutes before nine o'clock P.M., the Joint Session reassembled, the President in the Chair.
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 four minutes before nine o'clock P.M., as follows to wit (Yeas 170 - Nays 28) [Senate Yeas and Nays No. 483] [House Yeas and Nays No. 555]:

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

During further consideration of the question on ordering the proposal to a third reading, the Speaker in the Chair, at ten minutes before eleven o'clock P.M., Mr. Kaufman of Lexington, 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 three minutes before seven o'clock P.M., as follows to wit (Answered Present 187) [Senate Yeas and Nays No. 484] [House Yeas and Nays No. 556]:

The yeas and nays having been completed at four minutes before eleven o'clock P.M., a quorum was declared present.
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 being on ordering the proposal, as amended (Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane), to a third reading.
After debate, the question on ordering the proposal, as amended (Messrs. Finneran, Travaglini, Lees, Rogers, Baddour, Leary, Pedone and Spellane), to a third reading was determined by a call of the yeas and nays at seven minutes past eleven o'clock P.M. as follows to wit (Yeas 121 - Nays 77) [Senate Yeas and Nays No. 485] [House Yeas and Nays No. 557]:

The yeas and nays having been completed at a quarter past eleven o'clock P.M., the proposal, as amended, was ordered to a third reading.

At sixteen minutes past eleven o'clock P.M at the request of Mr. Lees, for the purposes of a minority caucus, the President declared a recess; and at twenty-three minutes before twelve o'clock midnight, the Joint Session reassembled, the President in the Chair.