Same-sex marriage in Maine
Same-sex marriage in Maine is currently unrecognized. A bill to allow same-sex marriages in Maine[1] 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,[2][3] before going on to win the referendum by 300,848 to 267,828 on November 3, 2009.[4][5][6] Maine's domestic partnership law remains in effect.[7]
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.[8]
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[edit] 2009 legislation
In January 2009, Maine state Senator Dennis Damon introduced a bill titled, "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom"[1] to allow same-sex couples to marry in Maine.[9][10] The public hearing took place on April 22 at the Augusta Civic Center because of high levels of interest.[11] 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.[12]
Governor John Baldacci previously opposed allowing same-sex couples to marry, but said he was keeping an open mind.[13]
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.[14][15] 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.[16] That same day, Senators rejected an amendment that would send the marriage-equality question to voters in a referendum and passed the bill by a final vote of 21-14.[17][18] 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.[19][20][13]
On May 6, 2009, Governor Baldacci signed the bill into law.[21][22] Baldacci became the first governor in the nation to sign a same-sex marriage law.[23] The law was due to take effect 90 days after the Legislature adjourned.
[edit] Repeal campaign
The day after the Governor signed the Act, opponents of same-sex marriage launched a campaign to repeal it through voter referendum. 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.
[edit] 2012 initiative
On June 30, 2011, EqualityMaine 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.[24][25] The title of the citizen initiative is "An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom", and the text of their proposed ballot question is:[26]
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?
On January 26, 2012, supporters delivered over 105,000 petition signatures for the initiative to the Secretary of State's office, exceeding the minimum of 57,277 signatures required for initiatives in the state.[27][28] The Secretary of State announced on February 23 that the office verified 85,216 signatures, qualifying It for the November 2012 ballot.[29]
[edit] Public opinion
A March 2011 survey by Public Policy Polling found that 47% of Maine voters supported the legalization of same-sex marriage, while 45% were opposed and 8% were not sure.[30]
A May 2011 poll conducted by Goodwin Simon Strategic Research found that 53% of Mainers were in favour of legalization of same-sex marriage, 39% were against.[31]
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.[32]
A March 2012 Public Policy Polling survey found that 54% of Maine voters supported the legalization of same-sex marriage, while 41% opposed it and 5% were not sure.[33]
According to a poll conducted between March 31 and April 2, 2012 by the Maine People's Resource Center, 58.2% of registered voters support allowing same-sex couples to marry, 39.9% oppose it.[34]
[edit] 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.[35] 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.[35]
[edit] See also
- LGBT rights in Maine
- 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
- Mary Bonauto, a top lawyer for the No on 1 campaign
[edit] References
- ^ a b "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom". Maine Legislature. http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/SP038401.asp.
- ^ Gay marriage repeal on ballot
- ^ People's Veto of Bill to Allow Same-sex Marriage Certified by Secretary of State Matthew Dunlap for November Ballot
- ^ November 3, 2009 General Election Tabulations www.maine.gov, accessed Nov 29, 2009
- ^ Maine vote repeals gay marriage law
- ^ Maine rejects same-sex marriage law
- ^ Domestic Partner Registry
- ^ Maine OKs marriage, Jen Colletta, Philadelphia Gay News
- ^ Bill would allow same-sex marriage in Maine
- ^ Battle over gay marriage shifts to Maine
- ^ Mainers Air Their Views on Same-Sex Marriage
- ^ "An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom" at FindLaw.com
- ^ a b Maine takes step toward approving gay marriage
- ^ Maine Panel Strongly Endorses Same-Sex Marriage Bill
- ^ Maine: Vote on Gay Marriage Expected
- ^ "Bill Summary". Maine Legislature. 2009-05-06. http://janus.state.me.us/legis/LawMakerWeb/summary.asp?paper=SP0384&SessionID=8.
- ^ State Senate backs gay-marriage bill
- ^ Maine Senate Backs Same-Sex Marriage
- ^ Maine House Votes To Pass Gay Marriage Bill
- ^ Maine House passes gay marriage bill
- ^ Governor Signs LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom
- ^ Maine Governor Signs Same-Sex Marriage Bill
- ^ Russel, Jenna (2009-05-06). "Gay marriage law signed in Maine, advances in N.H". Boston.com. http://www.boston.com/news/local/breaking_news/2009/05/gay_marriage_la.html. Retrieved 2009-05-06.
- ^ Gay marriage supporters aiming for 2012 referendum
- ^ Same-sex marriage supporters in Maine seek new referendum
- ^ Signature-gathering campaign to begin on Maine same-sex marriage initiative
- ^ Steve Mistler (January 26, 2012). "It's on: Same-sex marriage supporters give it another try". Lewiston Sun Journal. http://www.sunjournal.com/comment/91821.
- ^ Maine poised for 2nd public vote on gay marriage
- ^ Judy Harrison (Feb. 23, 2012). "Secretary of state says same-sex marriage will be on the ballot". Bangor Daily News. http://bangordailynews.com/2012/02/23/politics/secretary-of-state-says-same-sex-marriage-will-be-on-the-ballot/.
- ^ Maine favors gay marriage
- ^ Statewide Survey Findings on Support for Same-Sex Marriage
- ^ Maine Question 1 narrowly leads; voters want gay marriage
- ^ Maine Has Voters Remorse on Governor LePage
- ^ MPRC: Maine People's Resource Center Public Opinion Survey, March 31—April 2, 2012, accessed April 7, 2012
- ^ a b The Economic Impact of Extending Marriage to Same-Sex Couples in Maine
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