The Supreme Judicial Court ruled yesterday that a proposed constitutional amendment to ban gay marriage is not unconstitutional. The Globe described this as "a major victory" for bigots opponents of same-sex marriage, but honestly, any other outcome would have been something of a shock.

The case turned on a provision of the state constitution that prevents amendments designed to reverse an earlier judicial decision. The argument against the current proposed amendment was that, since it would have the effect of undoing the judicial decision that allowed gay marriage, it must be forbidden. The SJC rightly called bullshit, noting that only amendments that specifically reverse one particular judicial decision are prohibited. In other words, if the proposed amendment said, "Goodridge v. Department of Public Health is hereby reversed and Hillary Goodridge shall henceforth be a single woman," it would be unconcstitutional, but since it actually says, in essence, "No gay marriage from now on," it's OK.

This makes good sense because otherwise, any time a proposed amendment would change a part of the constitution that some court had ruled on at some point, that amendment would be prohibited. Considering that the SJC has been in operation for over 300 years, there probably aren't that many parts of the state constitution that haven't been judicially considered at some point. Bostonist has criticized Attorney General Reilly for playing both sides of the gay marriage issue before. and we've certainly made no secret of our pro-gay marriage stance. Still, we have to say that Reilly and the judges got it right here. Soon, the legislature will have its chance - 50 legislators in the constitutional convention that starts tomorrow must approve the ballot measure, and another 50 must do so in next year's legislative session, in order for the matter to be put to a popular vote in 2008.

The proposed amendment limits marriage to "one man and one woman," but doesn't specify which man and woman. Bostonist hopes this stylish couple gets the nod.