The gay marriage question

State voters to decide on Constitutional Convention

By: Eric Walsh

Posted: 11/3/08

Election Day 2008 brings one of the most highly anticipated presidential elections in American history. With so much at stake, it is easy to forget that choosing the next commander in chief is not the only decision that will appear on Tuesday's ballot.

For the first time since 1986, Connecticut voters this year are presented with the option of forcing a state constitutional convention, during which delegates can rework the entire constitution. "Question One" on the ballot asks the following: "Shall there be a Constitutional Convention to amend or revise the Constitution of the State?"

The question appears on the ballot in general elections every 20 years, as stipulated in the current constitution. It is coincidental that the question will appear this year, about a month after a controversial state Supreme Court ruling legalized gay marriage.

On Oct. 10, Connecticut became the third state following California and Massachusetts to allow gay marriage. The Connecticut Supreme Court, in a 4-3 ruling, gave same-sex couples the right to wed. Now, opponents of gay marriage are looking to the ballot as a way to reverse that decision.

"This is our one opportunity for the people to have a voice, for the people to be heard, for them to decide whether marriage will be protected as between a man and a woman," said Peter Wolfgang, executive director of the Family Institute of Connecticut, in a press release.

The Family Institute is one of several groups around the state pushing for a convention. They hope - given enough "yes" votes tomorrow - that a convention will be held and an amendment outlawing gay marriage will be incorporated into the constitution.

However, unlike this year's ballot referendum in California which will decide whether to ban gay marriage outright, voters in Connecticut are being asked only to consider if they want a constitutional convention. The process toward constitutionally banning gay marriage in Connecticut after Election Day would be a long and expensive one, and a special amendment to the Constitution would not be guaranteed.

"Even if the people vote 'yes' for the convention, how it will be handled is all up to the current legislators," said Av Harris, communications director for Connecticut Secretary of the State Susan Bysiewicz. According to Harris, Bysiewicz does not support the convention, but she is not actively campaigning against it.

Harris explained that, if voters decide on a convention, the members attending the convention are selected by at least a two-thirds vote from both houses of the General Assembly - the state's legislative branch. He suggested that the convention could be "stacked" with members who reflect the General Assembly - which, as a whole, is Democratic and fairly sympathetic to same-sex issues. Also, any amendment that does result from the convention would still need voter approval before becoming part of the constitution.

While it may seem like a long-shot for this process to work favorably for opponents of gay marriage, voting for the convention could lead to an alternative - and simpler - way of adding amendments to the constitution.

A number of advocacy groups, in addition to those opposing gay marriage, see the convention as a prime opportunity to propose a specific amendment that would make the passage of future amendments easier.

The amendment they seek would be one to allow for direct ballot initiatives. Initiative and referendum, as it is commonly called, is a method currently used in 31 states. Connecticut is not one of them. By allowing direct initiative, Connecticut citizens would be able to petition issues, and with enough support, get them on the ballot.

"Ballot initiatives provide citizens with an alternate form of lawmaking," said Richard S. Kay, a professor at the UConn School of Law. "But when taken to the excess, it can be a failing system."

State Sen. Donald E. Williams, Jr., chairman of the Legislative Management Committee, said he opposes a constitutional convention for this very reason.

"In 1818, the folks who drafted our constitution envisioned a thoughtful and deliberative process to amend laws," he said. "Ballot initiative circumvents this process completely."

Williams, Jr., also said he believes ballot initiative often becomes merely a tool of well-financed special interest groups.

Gov. M. Jodi Rell, while a gay marriage opponent, does support amending the constitution to allow for initiatives.

"The governor supports amending the Connecticut Constitution to allow direct initiatives but believes there should be controls in place on how initiatives get on the ballot. She said that should be up to the convention delegates to work out," according to the Governor's office.

In California, where initiative and referendum is used heavily, voters have brought the same-sex issue straight to the ballot. For now, Connecticut foes of gay marriage hope that forcing a constitutional convention Tuesday will be the first step toward adopting a similar process.