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Domestic partnerships were established in the United States state of Maine by the state legislature in April 2004[1], 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, a law to allow same-sex marriage in Maine was enacted by the legislature and the governor.[2][3] The law was subsequently repealed by Maine voters on November 3, 2009.[4] Maine's domestic partnership law remains in effect.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."[5]
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Rights of domestic partners
Same-sex couples who register as domestic partners in Maine are considered each other's closest next of kin; can inherit all or part of the partner's estate if the partner dies without a will; can make funeral and burial arrangements; can be named a guardian or conservator if the partner becomes incapacitated; can be named a representative to administer a deceased partner’s estate; and can authorize organ and tissue donations from the deceased partner. The law also includes protection for same-sex partners under the state's domestic violence statutes.
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 consanguinity, 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; as of 2006[update], at least 24% of partnerships in the registry (17 of 70) were believed to be between opposite-sex partners.[6]
Couples can register by sending a signed and notarized form to the Office of Vital Statistics in Augusta, along with a $35 fee (as of December 2006). 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.
Recognition by other jurisdictions
British law recognizes Maine domestic partnerships as equivalent to civil partnerships under the laws of the United Kingdom. However, the American state of New Jersey recognizes Maine domestic partnerships as providing "notably fewer"[attribution needed] rights than civil unions and thus equivalent only to domestic partnerships in New Jersey.
Demographics
In 2000, the federal census [7] 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.[8] 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."[1]
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.[9]
See also
- Same-sex marriage in the United States
- Same-sex marriage legislation in the United States
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinion
- Same-sex marriage status in the United States by state
- List of benefits of marriage in the United States
- Defense of Marriage Act
- Marriage Protection Act
- Defense of marriage amendment
- Federal Marriage Amendment
- Domestic partnerships in the United States
- Freedom to Marry Coalition
- History of civil marriage in the U.S.
References
- ^ Me. Rev. Stat. Ann. tit. 22, sec. 2710
- ^ Me. Rev. Stat. Ann. tit. 19-A, sec. 650-A, 650-B
- ^ 'Remarkable' gay marriage win for Iowa, Australian Broadcasting Corporation, May 10, 2009
- ^ Susan M. Cover (4 November 2009). "Mainers vote down gay marriage law". Portland Press Herald. http://pressherald.mainetoday.com/story.php?id=293976&ac=PHnws. Retrieved 4 November 2009. "The measure is repealed in a close vote, 53-47 percent"
- ^ Maine Dep't of Health and Human Services, Instructions and Information for the Domestic Partner Registry in Maine, at p.2.
- ^ Morgan, Kelly (2006-07-30). "Domestic partnerships can be straight, too". Sun Journal (Lewiston, Maine). http://www.sunjournal.com/story/175669-3/bsection/Domestic_partnerships_can_be_straight_too/. Retrieved 2008-04-18.
- ^ http://www.census.gov/prod/2003pubs/censr-5.pdf
- ^ 2000 Census information on Gay and Lesbian Couples, by state
- ^ Susan M. Cover (4 November 2009). "Mainers vote down gay marriage law". Portland Press Herald. http://pressherald.mainetoday.com/story.php?id=293976&ac=PHnws. Retrieved 4 November 2009. "The measure is repealed in a close vote, 53-47 percent"
External links
- Public Laws of Maine, 2003, Chapter 672
- Maine Domestic Partner Registry guidelines and forms
- Human Rights Campaign web page on Maine Marriage/Relationship Recognition Law
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