Gay & Lesbian Advocates & Defenders (GLAD) will file a lawsuit to challenge the anti-marriage equality ballot question that proponents seek to put before Massachusetts voters in November 2008.

“This question should never have been certified for signature-gathering by the Attorney General, and we will file suit to challenge that certification,” said Gary Buseck, GLAD’s legal director. “The Attorney General simply got it wrong. Our state constitution does not allow a citizen-initiated petition that seeks “reversal of a judicial decision.” This petition squarely seeks to reverse the Supreme Judicial Court’s Goodridge decision.”

GLAD expects to file suit in January 2006 if a sufficient number valid signatures are submitted to the Secretary of State on December 7, 2005, after review by city and town clerks.

The ballot question must pass two further tests before going to the voters. 25% of the Commonwealth’s 200 lawmakers, sitting in joint session, must vote to approve the measure both in 2006 and in the succeeding 2007-2008 legislative session.

GLAD filed the lawsuit Goodridge v. Department of Public Health that led to the end of marriage discrimination in Massachusetts. Since May 17, 2004, more than 6,500 same-sex couples have wed in the state.

“Time has shown that marriage equality has been good for couples, families, communities, and the state of Massachusetts,” said Buseck. “We will continue to work with the large and growing majority of supportive citizens of the Commonwealth to protect same-sex couples and their families.”

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