10.31.2003

Do you like apples?

In the comments to the post below entitled "Dear Senator Creem", I was told by my loyal readers that ya gotta write snail mail, or legislators won't read it. I trust their judgment - they've both worked in legislature, I've only had executive branch experience... but how you guys like them apples?
Dear Salim,

Thank you for your e-mail regarding H 3190. I am sorry, but I must disagree with you for several reasons. I don't believe the Constitution of Massachusetts should be amended to include a provision that excludes gay people from having the right to have domestic partnership rights, civil unions and or even gay marriage. The Massachusetts Constitution should not be written to exclude people of equal protection of the law because of their sexual preference. This in effect would limit rights of couples like emergency medical decision-making, bereavement leave, COBRA protections, death benefits, Social Security survivor benefits, even the simple right to die in the same nursing home. There is no reason for gay and lesbian couples to be denied those rights. H 3190 would deny those rights and for that reason alone I would oppose the legislation.

I realize your e-mail is more about the process. The legislature actually has a big role to play in legislative ballot question legislation. They must vote in two consecutive sessions that the question should be placed on the ballot. The legislature held the required Constitutional session and deferred the decision. That was a valid legislative action and it means that that there is not enough support for the legislation or that it is very divided and there is no consensus in either direction. I would have voted it down rather than deferring the question, but the action was not illegal or inappropriate.

This is a very controversial question that is inextricably intertwined with religious, cultural and sexual questions. It is very divisive between religions and even within religions(Episcopals/Anglicans). We must continue to separate church and state and be sensitive to the needs of all of our citizens. I have had more e-mails on this question than any issue before the legislature. My e-mails are at least 10-1 opposed to H 3190. I believe my opposition is supported by the community.

It is always difficult to write back a constituent telling them that you can't vote the way they would like. All I can do is share with you the reasons why I can't agree with your position. Thank you again for writing.

Best wishes,

Frank smizik

It's not as good as hearing him agree with me, but it's a heck of a lot more respect to the voter than, "thanks for your opinion, the representative will take that into account." Props to Smizik for being accountable to the folks back home.