Same-sex marriage in Maine
Encyclopedia
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 effect, before going on to win the referendum by 300,848 to 267,828 on November 3, 2009. Maine's domestic partnership law
remains in effect.
Until the referendum result rejected the law, it appeared that Maine would be the first U.S. state to legalize same-sex marriage through the legislative process with a governor's signature, rather than following a judicial ruling. Vermont was the first state to legalize same-sex marriage by statute, but its legislature did so by overriding its governor's veto.
Dennis Damon
, along with 60 co-sponsors, introduced a bill titled, "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom" to allow same-sex couples to marry in Maine. The announcement was made at a public hearing held at the Augusta Civic Center because of high levels of interest. Maine already allowed domestic partnerships
between same-sex couples. The legislation extended the right to refuse to perform same-sex marriages to any "person authorized to join persons in marriage" rather than to clergy only. It did not require that such refusals be based on religious beliefs. The Act also maintained the requirement for genetic counseling in marriage between first cousins
of the opposite sex and expanded it to include first cousins of the same sex, despite the inability of persons of the same sex to conceive a child together.
Governor John Baldacci
previously opposed allowing same-sex couples to marry, but said he was keeping an open mind.
On April 28, 2009, the Joint Committee on Judiciary endorsed a same-sex marriage bill that would allow same-sex couples to marry. The vote was 11 in favor, 2 against, and 1 recommending that the issue be sent to the voters via referendum. On April 30, 2009, the Senate approved the bill 20-15 in a preliminary vote accepting the Judiciary Committee's majority "Ought To Pass" report. That same day, Senators voted 22-13 to reject an amendment that would send the marriage-equality question to voters in a referendum. A senate vote to "engross" the original bill was then taken, and passed by a final vote of 21-14. On May 5, 2009, the House of Representatives passed the bill 89-58. The bill was then sent back to the Senate for a final vote on enactment.
On May 6, 2009, Governor Baldacci signed the bill into law. Baldacci became the first governor in the nation to sign a same-sex marriage law. The law was due to take effect 90 days after the Legislature adjourned.
. They got the veto question on the ballot and on November 3, 2009, it passed by a vote of 53% to 47%, and the law was repealed.
and Gay & Lesbian Advocates & Defenders (GLAD) announced plans to place a voter initiative in support of same-sex marriage on Maine's November 2012 ballot. The text of their proposed ballot question is:
found that 47% of Maine voters supported the legalization of same-sex marriage
, while 45% were opposed and 8% were not sure.
An October 2011 Public Policy Polling
survey found that 51% of Maine voters thought same-sex marriage should be legal, while 42% thought it should be illegal and 8% were not sure. A separate question on the same survey found that 82% of respondents supported legal recognition of same-sex couples, with 46% supporting same-sex marriage, 36% supporting civil unions, 17% opposing all legal recognition and 1% not sure.
Another question on the October 2011 poll surveyed support for a referendum to legalize same-sex marriage that proponents are collecting signatures to put on the ballot. The question used the exact wording that has been approved for the ballot initiative, which is: "Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?" The survey found that 48% of respondents supported the measure, while 35% opposed it and 17% were not sure.
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...
was signed into law on May 6, 2009, by Governor Baldacci
John Baldacci
John Elias Baldacci is an American politician who served as the 73rd Governor of the U.S. state of Maine from 2003 until 2011. A Democrat, he also served as a member of the United States House of Representatives from 1995 to 2003....
following legislative approval, but opponents successfully petitioned for a referendum on the issue, putting the law on hold before it went into effect, before going on to win the referendum by 300,848 to 267,828 on November 3, 2009. Maine's domestic partnership law
Domestic partnership in Maine
Domestic partnerships 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...
remains in effect.
Until the referendum result rejected the law, it appeared that Maine would be the first U.S. state to legalize same-sex marriage through the legislative process with a governor's signature, rather than following a judicial ruling. Vermont was the first state to legalize same-sex marriage by statute, but its legislature did so by overriding its governor's veto.
2009 legislation
On April 22, 2009, Maine state SenatorMaine Senate
The Maine Senate is the upper house of the Maine Legislature, the state legislature of the U.S. state of Maine. The Senate currently consists of 35 members representing an equal number of districts across the state, though the Maine Constitution allows for "an odd number of Senators, not less than...
Dennis Damon
Dennis Damon
Dennis S. Damon is an American politician from Maine. He currently represents District 28 in the Maine Senate. Damon, a resident of Trenton, is registered as a Democrat....
, along with 60 co-sponsors, introduced a bill titled, "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom" to allow same-sex couples to marry in Maine. The announcement was made at a public hearing held at the Augusta Civic Center because of high levels of interest. Maine already allowed domestic partnerships
Domestic partnership in Maine
Domestic partnerships 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...
between same-sex couples. The legislation extended the right to refuse to perform same-sex marriages to any "person authorized to join persons in marriage" rather than to clergy only. It did not require that such refusals be based on religious beliefs. The Act also maintained the requirement for genetic counseling in marriage between first cousins
Cousin marriage
Cousin marriage is marriage between two cousins. In various jurisdictions and cultures, such marriages range from being considered ideal and actively encouraged, to being uncommon but still legal, to being seen as incest and legally prohibited....
of the opposite sex and expanded it to include first cousins of the same sex, despite the inability of persons of the same sex to conceive a child together.
Governor John Baldacci
John Baldacci
John Elias Baldacci is an American politician who served as the 73rd Governor of the U.S. state of Maine from 2003 until 2011. A Democrat, he also served as a member of the United States House of Representatives from 1995 to 2003....
previously opposed allowing same-sex couples to marry, but said he was keeping an open mind.
On April 28, 2009, the Joint Committee on Judiciary endorsed a same-sex marriage bill that would allow same-sex couples to marry. The vote was 11 in favor, 2 against, and 1 recommending that the issue be sent to the voters via referendum. On April 30, 2009, the Senate approved the bill 20-15 in a preliminary vote accepting the Judiciary Committee's majority "Ought To Pass" report. That same day, Senators voted 22-13 to reject an amendment that would send the marriage-equality question to voters in a referendum. A senate vote to "engross" the original bill was then taken, and passed by a final vote of 21-14. On May 5, 2009, the House of Representatives passed the bill 89-58. The bill was then sent back to the Senate for a final vote on enactment.
On May 6, 2009, Governor Baldacci signed the bill into law. Baldacci became the first governor in the nation to sign a same-sex marriage law. The law was due to take effect 90 days after the Legislature adjourned.
Repeal campaign
The day after the Governor signed the Act, opponents of same-sex marriage launched a campaign to repeal it through voter referendumPopular referendum
A popular referendum is a type of a referendum that provides a means by which a petition signed by a certain minimum number of registered voters can force a...
. They got the veto question on the ballot and on November 3, 2009, it passed by a vote of 53% to 47%, and the law was repealed.
Economic effect
A UCLA research study from February 2009 estimated that extending marriage to same-sex couples in Maine would have a positive impact on the state's economy and budget. The study found that same-sex weddings and associated tourism would generate $60 million in additional spending in Maine over three years, creating 1,000 new jobs. The state would see an increase of $3.6 million in revenues over the next three years, resulting from increased sales tax revenues of approximately $3.1 million and new marriage license fees of $500,000. In calculating the net benefit to the state, the study approximated that half of Maine's 4,644 same-sex couples, or 2,316 couples, would marry in the first three years that marriage is available to them. The study also estimated that approximately 15,657 same-sex couples from other states would come to Maine to marry.2012 initiative
On June 30, 2011, EqualityMaineEqualityMaine
EqualityMaine is a political advocacy organization in Maine, United States. Founded in 1984 after the murder of Charlie Howard, it is the oldest and largest lesbian, gay, bisexual and transgender organization in the state. In 2008, they were a primary opponent of an attempt to revoke an...
and Gay & Lesbian Advocates & Defenders (GLAD) announced plans to place a voter initiative in support of same-sex marriage on Maine's November 2012 ballot. The text of their proposed ballot question is:
Public opinion
A March 2011 survey by Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
found that 47% of Maine voters supported the legalization of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, while 45% were opposed and 8% were not sure.
An October 2011 Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
survey found that 51% of Maine voters thought same-sex marriage should be legal, while 42% thought it should be illegal and 8% were not sure. A separate question on the same survey found that 82% of respondents supported legal recognition of same-sex couples, with 46% supporting same-sex marriage, 36% supporting civil unions, 17% opposing all legal recognition and 1% not sure.
Another question on the October 2011 poll surveyed support for a referendum to legalize same-sex marriage that proponents are collecting signatures to put on the ballot. The question used the exact wording that has been approved for the ballot initiative, which is: "Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?" The survey found that 48% of respondents supported the measure, while 35% opposed it and 17% were not sure.
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 New EnglandSame-sex marriage in New EnglandSame-sex marriage is legal or has been legalized in four of the six New England states: Massachusetts, Connecticut, Vermont, and New Hampshire. The New England region has been noted for being the nucleus of the same-sex marriage movement in the United States, with the region having among the most...
- 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...
- Public opinion of same-sex marriage in the United States
- 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...
- Same-sex marriage law in the United States by state
- Mary BonautoMary BonautoMary Bonauto is an American lawyer and civil rights advocate who has worked to eradicate discrimination based on sexual orientation and gender identity. She began working with the Massachusetts-based Gay & Lesbian Advocates & Defenders organization in 1990...
, a top lawyer for the No on 1 campaign
External links
- No on 1/Protect Maine Equality (campaign in favor of marriage for same-sex couples and against changing Maine's current marriage statute, supports a No vote on the ballot)
- Stand For Marriage Maine (campaign against marriage for same-sex couples and in favor of changing Maine's current marriage statute, supports a Yes vote on the ballot)
- Televised debate between the "Yes on 1" and "No on 1" campaigns
- "An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom" at FindLaw.com