The rights of a minority ought not generally be subject to majority rule (unless it is a generous and compassionate majority, which is never guaranteed). I'm glad the MA legislature did the right thing. That, however, was no guarantee, as the last voted demonstrated.
How do we know, as a society, especially as a society that is brought up with the "majority rule democracy" ideal, when is the right time for the courts to make a decision and when is the right time for the legislature to make a decision, and when is the right time for the people to make a decision?
Democracy sure is messy!
All that said, BRAVO to the lawmakers in MA who voted down the amendment, because really this was best decided by the courts.
Now, purely speculation: Would a popular vote on the amendment have passed or failed in MA?
...because public space really matters!
Elizabeth