Probably either way, Attorney General Tom Reilly would have to defend his 2008 ballot-initiative decision in court. After okaying the stop-gay-marriage initiative for signatures yesterday, he will face at least one challenge – from GLAD.
Executive Director Lee Swislow said, "GLAD will file a lawsuit challenging the Attorney General's decision. In addition, her legal director, Gary D. Buseck, told the Boston Globe that the suit will attack "what he called Reilly's myopic reading of a section of the state constitution governing citizen-generated ballot questions. Buseck said that section prohibits initiatives like the one the attorney general approved because it would undo a court's decision."
The Globe article points out that the Supreme Judicial Court has overruled an attorney-generaldecisionn only twice of nine times since 1991.