More than 170,000 of the commonwealth’s citizens had signed petitions in favor of such an amendment appearing on the November 2008 ballot.

On December 13, ADF attorneys filed a federal lawsuit asserting that members of the Massachusetts Legislature had acted illegally by ignoring their constitutional duty to vote on the proposed amendment which defines marriage as the union between one man and one woman.

Last week, the Massachusetts Supreme Judicial Court affirmed that failing to vote violated the Legislature’s sworn duty to uphold the Constitution. ADF’s lawsuit filed on behalf of VoteOnMarriage.org asserted a federal due process claim against the Legislature’s refusal to vote on the amendment.

“Because the Legislature has voted, there is now no further need for the federal lawsuit,” said Lavy.