The suit affirms that the marriage amendment has already been approved by Galvin and received 170,000 signatures, the most in state history. The amendment has “met the material requirements” of Article 48 of the state constitution, which provides the citizens with the right to initiate petitions. The article also states that the Legislature “shall” vote on those petitions, the lawsuit said.

“Over the past 24 years, the General Court has failed and refused to follow the mandate of Article 48 in five of the six initiative amendments proposed by citizens of the Commonwealth,” the lawsuit documents said. “In each instance, the Legislature had a legal duty to act, but failed or refused to do so.”

In the event that the Legislature does not vote on the amendment, the plaintiffs ask the court to “order and direct the defendant Galvin to include the terms thereof on the ballot at the 2008 statewide election for approval or rejection of the citizens of the Commonwealth.”

Kris Mineau, president of VoteOnMarriage.org, applauded the governor’s action in a Nov. 24 statement.

“The Legislature has stalled the vote on these measures three times this year and had a regrettable history over the past decade of refusing to vote -- in direct violation of the constitution -- on a number of citizens initiative petitions,” he said.

The Legislature’s actions are a deliberate effort to kill the marriage amendment, he added.

In an interview with The Pilot Nov. 27, Massachusetts Catholic Conference Director Edward Saunders said that the bishops believe Gov. Romney has acted rightly. The Legislature is weakening the right of citizens to petition their government, he said.

“The inaction of the Legislature appears to be a means of using the process to circumvent the constitutional right of the people to petition,” he said. “The bishops continue to urge the members of the Catholic Church and all citizens to contact their legislators and let them know their feelings on their rights being taken away.”