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CNN Live At Daybreak
Coffey Talk: Same-Sex Marriage
Aired February 11, 2004 - 06:44 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Let's talk a little more about the gay marriage in Massachusetts, a big topic today. Christian conservatives and gays have a lot at stake in Massachusetts today, lawmakers there will consider a ban on same-sex marriage.
Our legal analyst Kendall Coffey joins us live now from Miami to explain the process.
Now to do this, there has to be an amendment to Massachusetts' Constitution and it's no easy process, is it?
KENDALL COFFEY, CNN LEGAL ANALYST: That's right, Carol, because the Supreme Court's decision was based not on the U.S. Constitution but Massachusetts' own state Constitution, which means the people of Massachusetts, through the process, can change that. That would require not only that it be passed in this constitutional convention but that the legislature in Massachusetts in the 205KO6 (ph) session ratify it. Then it would go to vote before the people of Massachusetts at the end of 2006, creating, in effect, a window of marital opportunity for same-sex couples between the time this constitutional amendment might change everything and may when the current State Supreme Court decision would go into effect.
COSTELLO: Yes, we should mention the Supreme Court decision and why that's -- why this is happening today. Explain to us what the Massachusetts Supreme Court decided.
COFFEY: Historic decision, Massachusetts State Supreme Court said that same-sex couples have not just the right to civil unions, which we have seen in Vermont, but the right to marriage and all that it means, all it represents. And that decision, which is obviously controversial, is something that we believe will go into effect in May. Now as we just talked about, that history that is being made may be unmade by the legislative process in Massachusetts, but that change couldn't take place until the end of 2006.
COSTELLO: Do you think a decision will come down today? It's such a complicated process, because the House and the Senate get together and they actually debate this amendment. Is it possible they will come to some conclusion today or the next day?
COFFEY: It could take a few days. They may not reach any consensus. There are other issues before them in terms of state constitutional amendments. Meanwhile, there's a last-minute compromise saying that marriage no for same-sex couples but maybe civil unions could be permitted. So there's a lot being discussed right now. COSTELLO: And even if no constitutional amendment is added, there are other ways to prevent this from happening. Some lawmakers have already started doing that, right?
COFFEY: Well in the U.S. constitutional amendment there is specific language, which the Bush administration is looking at right now, could actually preempt everything. If there is a constitutional amendment passed through the two Houses, House and Senate, by two- thirds, it would then go to the state legislators for ratification. Carol, 38 states have already passed Defense of Marriage laws in this country. Thirty-eight is the magic number of states needed to approve a constitutional amendment. So really dramatic change could be in the offing as well.
COSTELLO: We'll see what happens. Kendall Coffey live from Miami. Thank you.
COFFEY: Thanks, Carol.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired February 11, 2004 - 06:44 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Let's talk a little more about the gay marriage in Massachusetts, a big topic today. Christian conservatives and gays have a lot at stake in Massachusetts today, lawmakers there will consider a ban on same-sex marriage.
Our legal analyst Kendall Coffey joins us live now from Miami to explain the process.
Now to do this, there has to be an amendment to Massachusetts' Constitution and it's no easy process, is it?
KENDALL COFFEY, CNN LEGAL ANALYST: That's right, Carol, because the Supreme Court's decision was based not on the U.S. Constitution but Massachusetts' own state Constitution, which means the people of Massachusetts, through the process, can change that. That would require not only that it be passed in this constitutional convention but that the legislature in Massachusetts in the 205KO6 (ph) session ratify it. Then it would go to vote before the people of Massachusetts at the end of 2006, creating, in effect, a window of marital opportunity for same-sex couples between the time this constitutional amendment might change everything and may when the current State Supreme Court decision would go into effect.
COSTELLO: Yes, we should mention the Supreme Court decision and why that's -- why this is happening today. Explain to us what the Massachusetts Supreme Court decided.
COFFEY: Historic decision, Massachusetts State Supreme Court said that same-sex couples have not just the right to civil unions, which we have seen in Vermont, but the right to marriage and all that it means, all it represents. And that decision, which is obviously controversial, is something that we believe will go into effect in May. Now as we just talked about, that history that is being made may be unmade by the legislative process in Massachusetts, but that change couldn't take place until the end of 2006.
COSTELLO: Do you think a decision will come down today? It's such a complicated process, because the House and the Senate get together and they actually debate this amendment. Is it possible they will come to some conclusion today or the next day?
COFFEY: It could take a few days. They may not reach any consensus. There are other issues before them in terms of state constitutional amendments. Meanwhile, there's a last-minute compromise saying that marriage no for same-sex couples but maybe civil unions could be permitted. So there's a lot being discussed right now. COSTELLO: And even if no constitutional amendment is added, there are other ways to prevent this from happening. Some lawmakers have already started doing that, right?
COFFEY: Well in the U.S. constitutional amendment there is specific language, which the Bush administration is looking at right now, could actually preempt everything. If there is a constitutional amendment passed through the two Houses, House and Senate, by two- thirds, it would then go to the state legislators for ratification. Carol, 38 states have already passed Defense of Marriage laws in this country. Thirty-eight is the magic number of states needed to approve a constitutional amendment. So really dramatic change could be in the offing as well.
COSTELLO: We'll see what happens. Kendall Coffey live from Miami. Thank you.
COFFEY: Thanks, Carol.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
