SCHULMAN v. ATTORNEY GENERAL


447 Mass. 189 (2006)

JOHANNA SCHULMAN v. ATTORNEY GENERAL & another; RAYMOND FLYNN & others, interveners.

Supreme Judicial Court of Massachusetts, Suffolk.

July 10, 2006.


Attorney(s) appearing for the Case

Gary D. Buseck, (Jennifer L. Levi & Mary L. Bonauto with him) for the plaintiff.

Peter Sacks, Assistant Attorney General, for the defendants.

Jordan W. Lorence, of Minnesota (Dale Schowengerdt, of Arizona, & David R. Langdon, of Ohio, with him) for the interveners.

The following submitted briefs for amici curiae:

Martin M. Fantozzi & Kevin P. O'Flaherty for MassEquality & others.

Luke Stanton for Robert H. Quinn & others.

Robert D. Carroll, Christopher C. Nee, & Anna-Marie L. Tabor for Scott Harshbarger & others.

C. Francis Tynan, pro se.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


CORDY, J.

The plaintiff challenges the Attorney General's certification of an initiative petition that, if successful, would amend the Massachusetts Constitution by providing, prospectively, that "the Commonwealth and its political subdivisions shall define marriage only as the union of one man and one woman." The petition was submitted to the Attorney General for certification pursuant to art. 48, The Initiative, Part II, § 3, of the Amendments to the Massachusetts...

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