GLAD's marriage battle.

The gay rights group Gay and Lesbian Advocates and Defenders on January 3 filed a lawsuit against Massachusetts attorney general Tom Reilly to block a petition-driven ballot initiative that would ban same-sex marriage, which was legalized in the state in May 2004. Gary Buseck, the group's legal director, talked to The Advocate about the challenge.

Why did GLAD file this lawsuit?

Our state constitution forbids a group of citizens (as opposed to the legislature) to propose a constitutional amendment that "relates to the reversal of a judicial decision."

Won't the gay-friendly legislature, which must approve this proposal in two consecutive sessions, just kill it?

We certainly hope that the legislature will kill this proposal just like they killed similar proposals [in the last two sessions]. However, unlike the proposal before the [state constitutional] convention in 2005, which required a 50% vote of the convention, this citizen-initiated proposed amendment requires approval by only 25%.

What happens next?

This lawsuit is anticipated to move quite quickly. We would expect briefing at the [Massachusetts] high court to occur during the period from February through April, with oral argument as early as May or June.

What other challenges is GLAD working on?

GLAD is waiting for a ruling from the Massachusetts high court on our challenge to Gov. Mitt Romney's decision to forbid all out-of-state same-sex couples from marrying in Massachusetts. We anticipate a decision by mid February. GLAD is also litigating a marriage equality case in Connecticut that is much like the Goodridge case in Massachusetts [legalizing same-sex marriage them].