COLLINS v. SECRETARY OF THE COMMONWEALTH


407 Mass. 837 (1990)

556 N.E.2d 348

JOHN F. COLLINS & others vs. SECRETARY OF THE COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 5, 1990.


Attorney(s) appearing for the Case

George E. Donovan for the plaintiffs.

Eric J. Mogilnicki, Assistant Attorney General, for the Secretary of the Commonwealth.

Gary D. Buseck for the interveners.

Sarah J. Gibson, for Massachusetts Teachers Association, amicus curiae, submitted a brief.

Robert L. Quinan, Jr., Karl W. Saur, & Maureen Bennett, for Massachusetts Lesbian & Gay Bar Association & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


LIACOS, C.J.

At issue is whether St. 1989, c. 516, entitled "An Act making it unlawful to discriminate on the basis of sexual orientation," may be the subject of a referendum under art. 48 of the Amendments to the Massachusetts Constitution, which excludes from the referendum process any "law that relates to religion, religious practices or religious institutions...." We hold that the referendum is barred by art. 48.

Chapter 516 of the Acts of 1989 was signed...

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