Domestic partnership in Maine
Encyclopedia
Domestic partnership
s were established in the state of Maine
by statute in April 2004, taking effect on 30 July 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage
. On May 6, 2009, the state enacted a law to allow same-sex marriage in Maine
, but the law was subsequently repealed by 52.8% of Maine voters on November 3, 2009. Maine's domestic partnership law remains in effect.
According to the Maine Department of Health and Human Services, "It is important to remember that a registered domestic partnership is NOT the same as a marriage and does not entitle partners to rights other than those for which the registry was intended. This registry is intended to allow individuals to have rights of inheritance as well as the rights to make decisions regarding disposal of their deceased partners remains."
Furthermore, according to the Human Rights Campaign
, registered domestic partners in Maine "can inherit a deceased partner’s property if he or she dies without a will, make funeral and burial arrangements, be named a guardian or conservator if their partner becomes incapacitated, be named a representative to administer a deceased partner’s estate and make organ and tissue donations. Same-sex partners are also explicitly protected in the state’s domestic violence laws."
, and must not be married to, or in a domestic partnership with someone else. Opposite-sex couples who meet these requirements may also register as domestic partners; , at least 24% of partnerships in the registry (17 of 70) were believed to be between opposite-sex partners.
Couples can register by sending a signed and notarized form to the Office of Vital Statistics in Augusta
. Domestic partnerships in Maine are automatically terminated if one party marries someone else. They can also be terminated after 60 days by filing a declaration of mutual consent, signed by both parties; or by one party, after serving notice on the other party according to strict state guidelines.
counted 37,881 unmarried-couple households in Maine; of these, 8.95%, or 3,394, were same-sex couples (44% male, 56% female). In contrast, the same census showed 272,152 married couples in the state. Total state population was 1,274,923.
In a June, 2008, report the Williams Institute of the UCLA School of Law analyzed census data and concluded, "While in many respects Maine’s same-sex couples look like married couples, same-sex couples with children have fewer economic resources to provide for their families than married parents and lower rates of homeownership."http://www.law.ucla.edu/williamsinstitute//publications/MaineCensusSnapshot.pdf
The report noted, among other things, that:
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
s were established in the state of Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
by statute in April 2004, taking effect on 30 July 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
. On May 6, 2009, the state enacted a law to allow same-sex marriage in Maine
Same-sex marriage in Maine
Same-sex marriage in Maine is currently unrecognized. A bill to allow same-sex marriages in Maine was signed into law on May 6, 2009, by Governor Baldacci following legislative approval, but opponents successfully petitioned for a referendum on the issue, putting the law on hold before it went into...
, but the law was subsequently repealed by 52.8% of Maine voters on November 3, 2009. Maine's domestic partnership law remains in effect.
According to the Maine Department of Health and Human Services, "It is important to remember that a registered domestic partnership is NOT the same as a marriage and does not entitle partners to rights other than those for which the registry was intended. This registry is intended to allow individuals to have rights of inheritance as well as the rights to make decisions regarding disposal of their deceased partners remains."
Rights of domestic partners
According to the Maine Department of Health and Human Services,P.L. 2003, c. 672, enacted by the Legislature and signed into law on April 28, 2004, establishes the concept of domestic partners in Maine law. Under the law, registered domestic partners are accorded a legal status similar to that of a married person with respect to matters of probate, guardianships, conservatorships, inheritance, protection from abuse, and related matters. The legislation establishes a Domestic Partner Registry housed within the Office of Health Data and Program Management, Bureau of Health of the Department of Health and Human Services.
Furthermore, according to the Human Rights Campaign
Human Rights Campaign
The Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
, registered domestic partners in Maine "can inherit a deceased partner’s property if he or she dies without a will, make funeral and burial arrangements, be named a guardian or conservator if their partner becomes incapacitated, be named a representative to administer a deceased partner’s estate and make organ and tissue donations. Same-sex partners are also explicitly protected in the state’s domestic violence laws."
Registration
To register as domestic partners in Maine, both parties must be mentally competent adults, must have been legally domiciled together in Maine for the preceding 12 months, must not be within prohibited degrees of consanguinityConsanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
, and must not be married to, or in a domestic partnership with someone else. Opposite-sex couples who meet these requirements may also register as domestic partners; , at least 24% of partnerships in the registry (17 of 70) were believed to be between opposite-sex partners.
Couples can register by sending a signed and notarized form to the Office of Vital Statistics in Augusta
Augusta, Maine
Augusta is the capital of the US state of Maine, county seat of Kennebec County, and center of population for Maine. The city's population was 19,136 at the 2010 census, making it the third-smallest state capital after Montpelier, Vermont and Pierre, South Dakota...
. Domestic partnerships in Maine are automatically terminated if one party marries someone else. They can also be terminated after 60 days by filing a declaration of mutual consent, signed by both parties; or by one party, after serving notice on the other party according to strict state guidelines.
Demographics
In 2000, the federal censusUnited States Census, 2000
The Twenty-second United States Census, known as Census 2000 and conducted by the Census Bureau, determined the resident population of the United States on April 1, 2000, to be 281,421,906, an increase of 13.2% over the 248,709,873 persons enumerated during the 1990 Census...
counted 37,881 unmarried-couple households in Maine; of these, 8.95%, or 3,394, were same-sex couples (44% male, 56% female). In contrast, the same census showed 272,152 married couples in the state. Total state population was 1,274,923.
In a June, 2008, report the Williams Institute of the UCLA School of Law analyzed census data and concluded, "While in many respects Maine’s same-sex couples look like married couples, same-sex couples with children have fewer economic resources to provide for their families than married parents and lower rates of homeownership."http://www.law.ucla.edu/williamsinstitute//publications/MaineCensusSnapshot.pdf
The report noted, among other things, that:
- By 2005, the number of same-sex couples increased to 4,847. This increase likely reflects same-sex couples’ growing willingness to disclose their partnerships on government surveys.
- In 2005, there were an estimated 52,801 gay, lesbian, and bisexual people (single and coupled) living in Maine.
- There are more female same-sex couples (56%) than male same-sex couples (44%) in Maine.
- Individuals in same-sex couples are, on average, 43 years old, and significantly younger than individuals in married couples (49 years old) in Maine.
- Same-sex couples live in every county in Maine and constitute 1.1% of coupled households and 0.7% of all households in the state.
- 8% of individuals in same-sex couples are nonwhite, compared with 2% of married individuals.
- The median income of same-sex coupled households in Maine is $62,000, compared to $50,140 for married couples. The average household income of same-sex couples is $64,134, compared to $61,512 for married couples.
- 63% of same-sex couples in Maine own their home, compared to 87% of married couples.
- The median household income of same-sex couples with children is $38,100, or 30% lower than that of married parents ($54,600). The average household income of same-sex couples with children is $45,089, significantly less than $64,965 for married parents.
- While 44% of same-sex couples with children own their home, a significantly larger percentage of married parents (86%) own their home.
- 16% of same-sex couples in Maine are raising children under the age of 18.
- As of 2005, an estimated 1,228 of Maine’s children are living in households headed by same-sex couples.
- In Maine, married and same-sex couples with children under 18 in the home have, on average, two children.
- 5% of Maine’s adopted children (or 323 children) live with a lesbian or gay parent.
Same-sex marriage in Maine
On May 6, 2009, Maine's legislature and governor enacted a law to allow same-sex marriage in Maine. The law was subsequently repealed by voters on November 3, 2009.See also
- LGBT rights in MaineLGBT rights in MaineLesbian, gay, bisexual, and transgender persons in the U.S. state of Maine have some of the same rights and responsibilities as heterosexuals, however may face some legal issues not experienced by non-LGBT residents....
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinionSame-sex marriage in the United States public opinionPublic opinion on same-sex marriage in the United States has been tracked by polling data for well over a decade. As of the year 2010, polls provide differing answers to the question of how the majority of Americans view same-sex marriage, although it is clear that support for same-sex marriage...
- Same-sex marriage status in the United States by stateSame-sex marriage status in the United States by stateSame-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts became the first state to legalize...
- List of benefits of marriage in the United States
- Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
- Marriage Protection ActMarriage Protection ActThe Marriage Protection Act is a bill in the United States Congress to amend the federal judicial code to deny federal courts jurisdiction to hear or decide any question pertaining to the interpretation of the Defense of Marriage Act or the MPA...
- U.S. state constitutional amendments banning same-sex unions
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- Domestic partnerships in the United StatesDomestic partnerships in the United StatesIn the United States of America, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the 1,138 rights afforded to...
- Freedom to Marry CoalitionFreedom to MarryFreedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
- History of civil marriage in the U.S.History of civil marriage in the U.S.Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.-1800–1899:...