Retiring Democratic State Legislator Praises Massachusetts Legislature For Same-Sex Marriage, Transparency
By Matt McDonald | October 4, 2024, 15:32 EDT
A longtime state representative leaving office in January 2025 cited the Massachusetts Legislature’s refusal to put same-sex marriage to a statewide referendum as among his proudest moments in office.
The Massachusetts Supreme Judicial Court in November 2003 issued a 4-3 ruling legalizing same-sex marriage in the state, the first jurisdiction in the United States to do so. It took effect May 17, 2004. Opponents of same-sex marriage gathered signatures of registered voters to bring to the statewide ballot a proposed amendment to the state constitution defining marriage as between one man and one woman.
But to get it to the ballot required support on two separate occasions from at least 50 of the 200 Massachusetts state legislators, acting as a state constitutional convention. That effort ultimately failed, after several attempts.
One of those who voted No was state Representative William Pignatelli (D-Lenox), who goes by Smitty.
Pignatelli, 65, who was first elected in 2002 representing the southern Berkshires, cited same-sex marriage first when recounting his achievements in office recently to State House News Service.
Pignatelli said:
“I’ve been part of some very historic landmark pieces of legislation that have not only been good for Massachusetts but become templates for the country, such as same-sex marriage. I gave my inaugural speech in support of same-sex marriage at 10:15 at night on March 11, 2004. My first term — I was very nervous and scared about that, because it was controversial. Vermont had done civil unions, [but] we were talking full-blown marriage, [and people were] very divided even in my own district in the progressive Berkshires. But I made some phone calls, did a lot of homework, and we did the right thing. As I look back on it, now, it’s the law of the land in America, but it started in Massachusetts.”
The U.S. Supreme Court legalized same-sex marriage nationwide on a 5-4 vote in June 2015.
In December 2020, Pignatelli voted to override then-Governor Charlie Baker’s veto of the ROE Act bill, which removed the previous language in state law requiring that a doctor try to save the life of a baby born after an attempted abortion; allowed 16-year-old and 17-year-old girls to get an abortion without getting permission from a parent or a judge; and explicitly allowed abortions after 24 weeks in cases where a fetus has been diagnosed with a condition likely to lead to death not long after birth. Democrats in both chambers succeeded in enacting the bill into law over the veto.
In his recent interview with State House News Service, Pignatelli said he misses the floor debates that the Massachusetts House of Representatives used to have frequently. Nowadays, as the State House News Service interviewer put it, “things are done more behind the scenes.”
In addition, Massachusetts is the only state in the country where the state legislature and governor both claim immunity from public records requests. The Massachusetts Senate and Massachusetts House of Representatives are rare among state legislative chambers in not making public how members of legislative committees vote on bills.
But Pignatelli said the state Legislature is doing a good job on transparency.
Pignatelli said:
“I think we’ve done a good job with the transparency. I think free and open discussions on the floor would be helpful. The perception of the people on the outside looking in don’t think we do anything. There’s a lot of work that goes behind the scenes at the committee level that the public doesn’t always see, but we need to let them know when we’re in formal sessions that we’re having some conversation. Let’s not be worried about what time we have to be out of here to beat the traffic, let’s just have a debate. I would love to see those kinds of changes, if possible. Listening to other points of view is not intimidating to me, nor should it be to anybody else.”
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