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Background and information resources regarding Maine's same-sex marriage vote
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graphic by C. McAlpin
On November 3, 2009, Maine voters will determine whether same-sex couples may retain marriage rights as granted by the legislature and signed into law by Governor Baldacci on May 6, 2009. Because of the nature of the nature of the vote and the wording of the referendum, it seems likely that some voters will vote opposite to their intentions if they do not pay close attention.
As with any important social issue, it is important for all sides to exercise skepticism of the claims made on both sides of the issue. To prevent confusion and to make research easier for those interested in the issue, this page is intended to include a summary of the marriage rights battle and comprehensive links to:
- Relevant legal documents regarding marriage in Maine
- Links to arguments made by opponents and proponents of same-sex marriage.
- Documents provided by opponents and proponents
- Relevant third-party research on the subject of marriage
If other relevant links should be listed here, please feel free to email this Examiner at MESkeptic@gmail.com.
Voter confusion: how the vote developed
The way that Question One came to be on the ballot, together with its wording, leaves much room for confusion about what a “yes” or “no” vote means. Ordinarily, voters might expect that a “yes” vote is a vote for change, but in this case, “yes” could continue the practice of excluding same-sex couples from marriage rights. Here is why.
On May 6th, Maine became the first state in which gay marriage rights were approved by a legislative body instead of by a ruling of the courts. The governor signed the bill, which would have made same-sex marriage legal effective as of September 12, 2009.
Immediately following the governor’s signature, opponents of same-sex marriage rights circulated petitions for a People's Veto under Article IV, section 17 of the Maine State Constitution. Under the People's Veto, citizens who oppose a legislatively passed law can put that law on hold and call for a statewide referendum on the law in question. Petitioners must collect petition signatures of more than 10% of the number of citizens who voted in the previous gubernatorial election. An organization called "Stand for Marriage Maine," which actually opposes same-sex marriage, collected the required signatures, and the Secretary of State approved their petition on September 2, 2009.
The wording of the referendum was "Do you want to rject the new law that lets same-sex couples marry and allow individuals and religious groups to refuse to perform these marriages?" As such, a "yes" vote removes gay marriage rights, and a "no" vote protects same-sex marriage rights.
Legislative and legal links:
- Referendum Question 1: "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?"
- The People's Veto procedure as described in Article IV, Section 17 of the Maine State Constitution
- Marriage in Maine law as revised by a vote of the legislature and signed by the governor on May 6, 2009.
- The text of LD1020, revising the law to include same-sex couples
- Marriage in Maine law prior to revision by a vote of the legislature.
Other documents regarding same-sex marriage:
- 4/30/09 - Letter from University of Michigan legal scholar Douglas Laycock, an advocate of same-sex marriage, to Governor Baldacci urging religious-liberty amendments to LD 1020.
- 5/1/2009 - Letter from four out-of-state legal scholars regarding religious liberty concerns if LD 1020 were passed.
- 9/18/2009 - Legal Rebuttal from Maine legal officials and scholars regarding claims by same-sex marriage opponents.
Opponents of same-sex marriage:
Proponents of marriage equality:
Related Articles:
What does "teaching same-sex marriage" in Maine schools mean?
Will Maine same-sex marriage destroy the sanctity of Marriage?
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