Monday, July 18, 2005

MA Referendum Challenging Stem Cell Research Stymied Because of CO Provision In Law

In a ruling filled with some irony, Massachusetts Attorney General Tom Reilly has rejected a referendum petition that sought to get voters to overturn Massachusetts' new law that encourages stem cell research (MGL Chap. 111L- full text.). The ruling is reported in a story by the Associated Press and carried by Dateline Alabama. The Massachusetts Constitution provides: "no law that relates to religion, religious practices or religious institutions ... shall be the subject of a referendum petition." The AG ruled that the stem cell law is not subject to referendum because the law (Secs. 5(e) and 7(a)) contains conscientious objection provisions, protecting doctors, nurses and other medical employees from being required to do stem cell research that conflicts with their "sincerely held religious practices or beliefs". Larry Cirignano, the Catholic activist who began the referendum drive (see June 16 Boston Globe), plans to appeal the attorney general's ruling.