Last modified: Tuesday, July 11, 2006 1:15 AM EDT

Uncertainty on gay marriage vote

Many people wish for a little excitement in their life, but local legislators say they are hoping Wednesday turns out to uneventful at the Statehouse.

A constitutional convention is scheduled for that day, and a citizens' petition to ban future gay marriages is among the amendments on the agenda.

The amendment is scheduled to go before a joint session of the Senate, and House and a routine vote will be held.

But, local opponents of gay marriage said Monday they fear games may be played to prevent a vote.

Several years ago Thomas Birmingham, who was president of the state Senate at the time, adjourned the constitutional convention immediately after it started so a vote on banning gay marriage could not be held.

State Rep. Betty Poirier, R-North Attleboro, said there are rumors a similar action could be taken again on Wednesday.

Another possibility, she said, is pro-gay marriage legislators may stay away so a quorum cannot be reached, precluding a vote for happening.

A third scenario is that the Legislature may take its time considering other amendments on the agenda so that gay marriage is not considered before the session expires at midnight, she said.

Poirier said no one has publicly said they would engage in such tactics, but on Beacon Hill one never knows.

`` At this point, it is all speculation and, believe me, we will not know until it happens,'' she said.

State Rep. John Lepper, R-Attleboro, said Senate President Robert Travaglini will preside over the constitution convention, so only he knows for sure.

`` He's got the gavel,'' Lepper said.

A spokeswoman for Travaglini could not be reached for comment.

State Sen. James Timilty, D-Walpole, said the Legislature has been preoccupied with budget matters, so he has not talked to Travaglini about the constitution convention recently.

However, Timilty said he did talk to Travaglini last spring, and the president indicated then that he wanted the measure voted on.

Timilty said he also believes the amendment should have its day before the convention, but he will vote against it.

Both Lepper and Poirier support the amendment to ban gay marriage. They said thousands of voters have signed a petition to bring the matter before the constitutional convention and put the question on the ballot.

It would be undemocratic to block that petition process, Lepper and Poirier said.

Only 50 votes -- or 25 percent of the Legislature -- is needed to clear the first round in a drive to amendment the state constitution.

The measure would need the same level of support next year in order to get on the 2008 ballot.

State Rep. Philip Travis, D-Rehoboth, said he believes momentum is on the side of those who want to ban gay marriage because of a state Supreme Judicial Court ruling Monday.

The ruling found that state Attorney General Thomas Reilly was correct in certifying the question for the ballot.

Gay rights supporters had claimed the question was invalid because it sought to overturn the 1993 court ruling legalizing gay marriage.

Still, Travis, an opponent of gay marriage, said he would not be shocked to see a filibuster to block the amendment or a walkout by pro-gay marriage legislators.

Anything could happen, he said.

`` On the other hand, they could debate it and vote it up or down. That's what I want,'' he said.

JIM HAND can be reached at 508-236-0399 or at jhand(at)thesunchronicle.com.