Massachusetts governor asks for special counsel to stop gay marriage

BOSTON (AP) _ Gov. Mitt Romney's latest attempt to block gay marriages places the debate back with the Legislature, where it faces an uphill fight despite its passage of a constitutional amendment

Friday, April 16th 2004, 12:00 am

By: News On 6

BOSTON (AP) _ Gov. Mitt Romney's latest attempt to block gay marriages places the debate back with the Legislature, where it faces an uphill fight despite its passage of a constitutional amendment banning gay marriage last month.

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

``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.

A majority in the state Senate voted against the constitutional ban, but the measure passed because of strong support in the House.

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

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 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.