(Boston, Massachusetts) Thwarted in attempts to force a constitutional referendum on same-sex marriage in Massachusetts, groups that had most vocally opposed to gay weddings are now divided over a bid to bar out-of-state gays and lesbians from marrying.

The conservative group MassResistance has begun circulating petitions asking voters to reinstate the old law. 

Earlier this month, Cardinal Sean P. O’Malley signed the petition, but now O’Malley is voicing his opposition to the use by MassResistance of his name in asking other priests in the state to circulate the petition at mass.

“It is has come to our attention that you may be receiving a letter from the organization MassResistance, signed by Mr. Brian Camenker, concerning Cardinal Seán having signed a petition pertaining to Massachusetts’ ‘1913 Law’, which deals with out of state couples seeking to marry in the Commonwealth,” O’Malley said in a letter to priests throughout Massachusetts.

“The letter also solicits your help in gathering petition signatures at masses this coming weekend. Please know that the Archdiocese was not contacted about this letter prior to its having been mailed.

“Additionally, the letter presumes to speak of Cardinal Sean’s personal disposition and activities he would undertake as a private citizen. Neither the Archdiocese nor the Cardinal were consulted about these matters at any time. Further, the Archdiocese would not ask pastors or any other persons to gather petition signatures at masses. The Archdiocese’s position concerning political matters is that materials shall not be distributed unless authorized by the United States Conference of Catholic Bishops, or the Massachusetts Catholic Conference, or the Ordinary of the diocese. Regarding the Archdiocese of Boston, none of these has authorized the MassResistance mailing.”

The state Conference of Bishops and MassResistance were two of the three original groups that formed an umbrella organization to attempt to get a ballot measure before voters to amend the Massachusetts constitution to limit marriage to opposite-sex couples.  That effort failed when it was blocked by the legislature.

The third group involved, the Massachusetts Family Institute, already has said it would not participate in the out-of-state marriage repeal bid.

“There is no winning on this issue,” the institute said in August when MassResistance began its effort.

Same-sex couples have been free to marry in Massachusetts since 2004, but only if they were residents of the state. 

Gov. Mitt Romney (R) dusted off the 1913 law and threatened to charge local clerks if they issued marriage licenses to out-of-state same-sex couples.

The old law was originally passed when interracial marriage was legal in Massachusetts but not in most other parts of the country.

After the law was repealed by the legislature, MassResistance began collecting signatures to have a reinstatement question put to voters.  If the group collects enough signatures it still would need approval of the legislature.  The earliest it could appear on the ballot would be 2011.