Same-sex marriage in Maine

A bill to allow same-sex marriage in Maine was signed into law on May 6, 2009. Maine was the fifth U.S. state to recognize same-sex marriages,^[1] and the first to do so through a legislative process with a governor's signature rather than through a judicial ruling.^[2] (Vermont was the first state to legalize same-sex marriage legislatively, but that state's governor vetoed the bill. The Vermont legislature overruled the governor's veto, and same-sex marriage was legalized.) The same-sex marriage law in Maine was originally supposed to have taken effect on September 11, 2009. On September 2, 2009, however, Secretary of State Matt Dunlap announced that opponents had successfully petitioned for a referendum on the issue and the law was put on hold.^[3] On November 3, 2009, the law was repealed by referendum.^[4] Maine's domestic partnership law remains in effect.

Timeline

The civil marriage bill

• April 22, 2009: Maine state Senator Dennis Damon, along with 60 co-sponsors, introduced a bill titled, "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom"^[5] 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.^[6] Maine already allows domestic partnerships between same-sex couples.^[7] Maine Governor John Baldacci previously opposed allowing same-sex couples to marry, but then said he was keeping an open mind.^[8]

• April 28, 2009: the Joint Committee on Judiciary endorsed a same-sex marriage bill that would allow same-sex couples to marry. The vote breakdown was 11 in favor, 2 against, and 1 recommending that the issue be sent to the voters via referendum. The bill then headed to the floor of the Senate and House of Representatives.^[9]

• April 30, 2009: the Senate approved the bill 20-15 in a preliminary vote accepting the Judiciary Committee's majority "Ought To Pass" report.^[10] 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.^[11]

• 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.^[12]

• May 6, 2009: after the Senate gave a final vote on enactment, Governor Baldacci signed the bill into law.^[13] Baldacci became the first governor in the nation to sign a same-sex marriage bill that was not the result of a court decision.^[14] Maine became the fifth state in the United States to authorize same-sex marriage. The law shall take effect 90 days after the Legislature adjourns. The adjournment date is currently set for June 17, 2009, but that date is subject to change. If the Legislature does adjourn as scheduled, the law would go into effect on September 14, 2009, unless the law is suspended pending a people's veto referendum.^[15]

Veto campaign

• May 7, 2009: opponents of the law submitted the required paperwork necessary to launch a people's veto campaign, which would put the issue on a statewide ballot in November 2009 or June 2010.^[16] To succeed in putting the question on the ballot, they will have to get at least 55,087 valid signatures within 90 days after the adjournment of the Legislature, which is expected to occur in mid-June. The law would then be put on hold until after the statewide vote.^[17] The proponents of the people's veto seek to submit signatures earlier, by the first week of August, in order for there to be enough time to hold the veto referendum in November 2009.^[18]

• May 19, 2009: Secretary of State Matthew Dunlap released the official question to be used on the people's veto petition and, if the petition is successful, on the statewide ballot. The question is: "Do you want to reject the new law that lets same-sex couples marry and allows individuals and religious groups to refuse to perform these marriages?" A "Yes" vote would repeal the law; a "No" vote would uphold the law.^[19]

• June 18, 2009: Stand For Marriage Maine, the Catholic Church-sponsored group leading the opposition to same-sex marriage in Maine, announced that it has hired Schubert Flint Public Relations to run its opposition campaign. Schubert Flint ran the controversial — and successful — Prop 8 campaign in California. Stand For Marriage Maine has also retained the services of National Petition Management, a professional signature-gathering company.^[20]

• July 9, 2009: Stand For Marriage Maine announced that it had collected more than the 55,087 signatures required for the people's veto referendum, and that it will continue to collect more signatures.^[21]

• July 30, 2009: Maine Freedom to Marry, the group working to keep same-sex marriage legal in Maine, announced that it had changed its name to No on 1/Protect Maine Equality to emphasize that a "No" vote on the referendum question would uphold the same-sex marriage law. The group also announced that it had collected more than 60,000 pledge cards from Mainers who support same-sex marriage.^[22]

• July 31, 2009: Stand For Marriage Maine announced that it had collected more than 100,000 signatures, almost double the number of signatures required to put the question on the November ballot.^[23]

• September 2, 2009: The Secretary of State's office announced that 60,391 of the signatures submitted by Stand For Marriage Maine have been verified as valid, and that the referendum question will appear on the November 3 statewide ballot.^[24]

• September 29, 2009: The results of an opinion poll of 808 registered Maine voters, conducted by the firm Greenberg Quinlan Rosner Research during the week of September 23-27, 2009, were released. Of those who were polled, 50% said they would vote no on Question 1 (in favor of same-sex marriage), while 41% would vote yes (against same-sex marriage). 9% said they did not know, or refused to answer the question.^[25]

• October 16, 2009: In response to allegations by Stand For Marriage Maine that keeping same-sex marriage legal in Maine would lead to same-sex marriage and homosexual sex acts being taught to children in Maine schools, State Attorney General Janet T. Mills issued a statement, concluding that the law would have no effect on what is taught in Maine's public schools.^[26]

• October 23, 2009: Overall, as of the reports published as of October 23, 2009, the National Organization for Marriage (NOM) provided 63% of the total raised by Stand For Marriage Maine ($1,600,000 out of total cash contributions of $2,547,860.40).^[27] An additional $550,000, or 20% of the total cash contributed to Stand For Marriage Maine, was provided by the Roman Catholic Diocese of Portland^[28][27], though roughly 55% of that has come from out-of-state dioceses.^[29] Focus on the Family contributed at least $100,000.^[30]

The vote

• November 3, 2009: In the vote, Mainers overturned the law that would have allowed same-sex couples to marry. With 99% of precincts reporting, opponents of same-sex marriage had 52.8% of the vote, and proponents had 47.2%. 60% of registered voters participated in this election — a record for an off-year election.^[31][32]

• November 4, 2009: No on 1/Protect Maine Equality officially conceded defeat.^[33]

Response to veto

• November 5, 2009: Supporters of same-sex marriage, including No on 1/Protect Maine Equality, the Maine Civil Liberties Union, and EqualityMaine, vowed to continue the fight to legalize same-sex marriage in Maine. Opponents of same-sex marriage say that revisiting the issue would be "a mistake," and that they will work to amend Maine's constitution to include an outright ban on same-sex marriage.^[34]

Polling on Question 1

Question 1 will ask: "Do you want to reject the new law that lets same-sex couples marry and allows individuals and religious groups to refuse to perform these marriages?"

• A Yes vote takes away the ability of same-sex couples to marry.
• A No vote keeps the ability of same-sex couples to marry.

Economic impact

A UCLA research study from February 2009 estimates that extending marriage to same-sex couples in Maine, if permitted, would have a positive impact on the state's economy and budget. The study finds that same-sex weddings and associated tourism would generate $60 million in additional spending in Maine over three years, creating 1,000 new jobs.^[42] Due to this spending, the state would see an increase of $3.6 million in revenues over the next three years; the result of an increase of 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 approximates that half of Maine's 4,644 same-sex couples, or 2,316 couples, would marry in the first three years that marriage is extended to them. The study also estimates that approximately 15,657 same-sex couples from other states would come to Maine to marry.^[42]

See also

• Same-sex marriage in New England
• Same-sex marriage in the United States
• Public opinion of same-sex marriage in the United States
• Same-sex marriage status in the United States by state
• Same-sex marriage law in the United States by state

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

References