Boston, MA -- Massachusetts lawmakers Thursday night rejected a third attempt at writing an amendment to the state constitution banning same-sex marriage.

The proposal would have defined marriage as a union between a man and a woman, but would not prevent the legislature from passing laws giving same-sex couples some rights.

The vote came after a long day punctuated by two lengthy breaks so lawmakers could attempt to reach a compromise. Reports indicate there may be some consensus and a fourth attempt may begin later tonight.

Debate has been passionate, and at time marked by tears.

One of the first speakers today was state Sen. Robert Havern (D-Arlington) who argued against an amendment, citing the persecution of Christ as a model for which side of the debate he wants to be on. And he offered a prediction: That the adoption of same-sex marriage will end up to be "the biggest non-event in the history of Massachusetts."

State Rep. Shaun Kelly (R-Dalton) then moved to adjourn the constitutional convention saying he believed a majority of members would continue to vote against amendment proposals.  "I cannot understand a compromise on one's status as a full member of this society," he told the convention. The motion was defeated by a vote of 153-44.

When business resumed after the vote, State Sen. Jarrett T. Barrios (D-Cambridge) proposed his own amendment, which would allow same-sex marriages in Massachusetts.

The openly gay legislator choked back tears when he spoke about how an amendment would affect his family.

Barrios gave two examples of the different status he holds as a gay parent: If he died tomorrow, he said, his partner and children could not collect Social Security. He also said he cannot designate his partner as his state pension beneficiary.

"Don't kid yourself that a ban on same-sex marriage will not hurt your gay and lesbian friends, relatives, and colleagues," he told the convention. "It will. Believe me, it will." 

Rep. David L. Flynn (D-Bridgewater) said that he "lost" a member of his family last night because of his votes yesterday in favor of two amendments to ban same-sex marriage, which he said he made so the issue would be put before voters. "I love you, and I want you back in my family," he said, addressing the unnamed relative. "But we all took this oath of office to do what we think is right, regardless of party, regardless of politics, regardless of religion, and regardless of family."

Sen. Cynthia Stone Creem (D-Newton) asked lawmakers if they ban same-sex marriage "who will be next? If you go this road today, this is just the beginning," she warned, saying that other groups risk being targeted for discrimination. "If we change our Constitution, we will be back again and again and again, and finally, no one will be left to speak for us."

Sen. Robert A. Havern (D-Arlington) who also opposes a gay marriage ban admonished the convention for being mean spirited.

"This is like a family. When you raise a family you treat every one of your kids the same. The only time you take privileges or rights away from them is when they did something wrong. I'll be darned if I can figure out what these people did wrong.''

Rep. Byron Rushing (D-Boston) told the convention that slavery was ruled unconstitutional in Massachusetts after a slave in Stockbridge sued for freedom and the Supreme Judicial Court ruled in her favor. He praised the guarantee of liberty and civil rights in the state Constitution, saying that Massachusetts is the only state in the union to never record slaves on the federal census which began in 1790.

Outside the State House, for a second day, thousands of  people supporting both sides of the same-sex marriage issue gathered on the Boston Common.

Gay activists are angry that a large number of Democrats, usually supporters of gay rights, are voting for amending the constitution.  Supporters of an amendment include the leaders both the House and the Senate. But, political observers say the support may be focused on this year's presidential election.

Senate President Robert Travaglini is a close ally of Democratic presidential candidate Senator John Kerry.  Last year, Travaglini said he intended to do "whatever I can for John Kerry."

Kerry opposes gay marriage, but is supportive of civil unions.  Kerry has also indicated he would support amending the Massachusetts constitution (story).

The Boston Globe reports that Kerry's feelings on the issue, and the presidential election are weighing on his mind.

The earliest an amendment could be put to voters would be in 2006, two years after same-sex couples will be allowed to marry under last Novembers court ruling.

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