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Same-sex marriage in Maine

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legally recognized in Maine since December 29, 2012.[1] A bill for the legalization of same-sex marriages was approved by voters, 53–47 percent, on November 6, 2012, as Maine, Maryland and Washington became the first U.S. states to legalize same-sex marriage by popular vote.[2] Election results were certified by the Maine Secretary of State's office and the Governor of Maine, Paul LePage, on November 29.[3] Maine was the eighth U.S. state to legalize same-sex marriage.[a]

The 2012 referendum was a reversal of action on a similar bill three years earlier. On May 6, 2009, a bill to allow same-sex marriage in Maine was signed into law by Governor John Baldacci following legislative approval.[4] Opponents of the bill successfully petitioned for a referendum before the law went into effect;[5][6] voters rejected the law on November 3, 2009, in a "people's veto".[7][8][9] 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.[10]

Both U.S. senators from Maine, Republican Susan Collins and Independent Angus King, support same-sex marriage.[11][12]

Domestic partnerships

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Main article: Domestic partnership in Maine

In 2004, Maine established domestic partnerships, which provide some of the legal rights and benefits of marriage. A domestic partnership grants couples, opposite-sex and same-sex, inheritance rights, domestic violence protection, and the right to make medical decisions, among others.[13] The legislation was passed by the Maine Legislature and signed into law by Governor John Baldacci on April 28, 2004. It took effect on July 30, 2004.

Same-sex marriage

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1997 legislation

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I.P. 1 - L.D. 1017, An Act to Protect Traditional Marriage and Prohibit Same Sex Marriages, was passed on March 28, 1997. On March 27, the House of Representatives voted 106–39 in favor, followed by the Senate the following day, which voted for the bill 24–10. The bill would have gone to a referendum if it had been rejected by either Governor Angus King or the Maine Legislature, since the bill was initiated by referendum.[14] The year prior, the United States Congress passed the Defense of Marriage Act (DOMA; French: Loi de défense du mariage), which banned federal recognition of same-sex marriages. DOMA was struck down by the U.S. Supreme Court in United States v. Windsor in 2013 and officially repealed in 2022, and the Maine law was repealed in 2012.

2009 legislation

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In January 2009, Senator Dennis Damon 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.[4][15][16] A public hearing took place on April 22 at the Augusta Civic Center because of high levels of interest.[17] 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.[18] Governor John Baldacci previously opposed allowing same-sex couples to marry, but said he was keeping an open mind.[19]

On April 28, 2009, the Joint Committee on Judiciary endorsed the bill. The vote was 11 in favor, 2 against, and 1 recommending that the issue be sent to the voters via referendum.[20][21] On April 30, the Senate approved the bill 20–15 in a preliminary vote accepting the Judiciary Committee's majority "Ought To Pass" report.[22] That same day, senators rejected an amendment that would have sent the same-sex marriage question to voters in a referendum and passed the bill by a final vote of 21–14.[23][24] 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][25][26] On May 6, Governor Baldacci signed the bill into law.[27][28] Baldacci became the first governor in the nation to sign a same-sex marriage law.[29] The law was due to take effect 90 days after the Legislature adjourned.

Repeal campaign

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Main article: 2009 Maine Question 1

The day after Governor Baldacci signed the act, opponents of same-sex marriage launched a campaign to repeal it through a voter referendum. The campaign was successful in placing the question on the ballot, and on November 3, 2009, it passed by a vote of 53% to 47%, repealing the law.

2012 initiative

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Main article: 2012 Maine Question 1
Results of Question 1 (2012) by county

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.[30][31] The title of the citizen initiative was An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom, and the text of their proposed ballot question was:[32]

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 July 27, 2012, Secretary of State Charlie Summers released the final wording of the ballot question. The question on the November ballot read:

Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?

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 required signatures.[33][34] The Secretary of State announced on February 23 that the office verified 85,216 signatures, qualifying it for the November 2012 ballot.[35] The 2012 campaign to legalize marriage for same-sex couples in Maine was led by a group called Mainers United for Marriage. Several groups had also formed in opposition.[36]

On November 6, 2012, in a reversal of the vote three years earlier, Maine became one of the first U.S. states to approve same-sex marriage through a ballot initiative and the fifth New England state to legalize same-sex marriage. The results were a reverse of those seen in the 2009 referendum, with 53 percent in favor and 47 percent opposed.[37] Maryland and Washington voters also approved same-sex marriage the same day. The definition of marriage in the state of Maine is now the following:[38]

Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital relationship or familial relationships must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law. [M.R.S. Title 19-A, §650-A]

Taking effect

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The law took effect on December 29, 2012, 30 days after the election results were certified by Governor Paul LePage on November 29.[39] The 29th being a Saturday, most town and city offices would not be open until Monday, December 31, to issue marriage licenses. However, Augusta and Gardiner announced that they would open with limited hours on the 29th to issue licenses.[40] Brunswick said they would issue licenses from 9 a.m. to noon that day, but by appointment only.[41] Portland announced that they would open City Hall at 12:01 a.m. on the 29th to issue marriage licenses and perform weddings. City spokeswoman Nicole Clegg said that City Hall would be open until 3:01, but that anyone in line before then would be given service. Additionally, Portland and other communities, who planned to be open, stated that any couple who wanted a marriage license that day would be given one, not just same-sex couples.[42] Some municipalities, such as Farmington, Lewiston and Auburn, said they would not open on the 29th, due to little demand in those locations. Some also stated that they could not afford to open, or saw no need to open just because the law was changed.[41]

The first same-sex couple to marry were Steven Bridges and Michael Snell, who married at Portland City Hall just after midnight at 12:25 a.m.[43] More than 40 same-sex couples married in Maine that Saturday, December 29, in at least 10 municipalities: Augusta, Bangor, Brewer, Brunswick, Falmouth, Freeport, Gardiner, Hallowell, Portland, and South Portland.[44]

Native American nations

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State law grants the Penobscot Nation,[45] the Passamaquoddy Tribe,[46] and the Houlton Band of Maliseet Indians jurisdiction over the marriages and divorces of tribal members. As a result, the state same-sex marriage law does not apply to these tribes, and so it is unclear if same-sex marriage is legal there.[b]

Economic impact

[edit]

A University of California, Los Angeles 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.[49] 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.[49]

Marriage statistics

[edit]

In the twelve months that followed the implementation of same-sex marriage in Maine, a total of 1,530 same-sex couples had married, according to the state's Office of Data, Research and Vital Statistics. This comprised 16% of all marriages recorded in Maine in that time.[50] Marriages between women outpaced marriages between men by a tally of 970 to 560.[51]

The 2020 U.S. census showed that there were 3,385 married same-sex couple households (1,464 male couples and 2,421 female couples) and 2,697 unmarried same-sex couple households in Maine.[52]

Public opinion

[edit]
Public opinion for same-sex marriage in Maine
Poll source Dates administered Sample size Margin of error Support Opposition Do not know / refused
Public Religion Research Institute March 9 – December 7, 2023 167 adults ? 67% 30% 3%
Public Religion Research Institute March 11 – December 14, 2022 ? ? 82% 18% <0.5%
Public Religion Research Institute March 8 – November 9, 2021 ? ? 75% 23% 2%
Public Religion Research Institute January 7 – December 20, 2020 214 adults ? 77% 22% 1%
Public Religion Research Institute April 5 – December 23, 2017 359 adults ? 71% 25% 4%
Public Religion Research Institute May 18, 2016 – January 10, 2017 863 adults ? 59% 32% 9%
Public Religion Research Institute April 29, 2015 – January 7, 2016 460 adults ? 56% 35% 9%
Public Religion Research Institute April 2, 2014 – January 4, 2015 300 adults ? 63% 30% 7%
New York Times/CBS News/YouGov September 20 – October 1, 2014 1,531 likely voters ± 2.8% 63% 27% 10%
Public Policy Polling November 8–11, 2013 964 voters ± 3.2% 54% 37% 9%
Public Policy Polling August 23–25, 2013 953 registered voters ± 3.2% 53% 38% 9%
Public Policy Polling January 18–20, 2013 1,268 voters ± 2.8% 53% 43% 4%
Public Policy Polling November 1–2, 2012 1,633 likely voters ± 2.4% 53% 42% 5%
Public Policy Polling September 17–18, 2012 804 likely voters ± 3.5% 52% 40% 8%
Maine People's Resource Center March 31 – April 2, 2012 993 registered voters ± 3.1% 58% 40% 2%
Public Policy Polling March 2–4, 2012 1,256 voters ± 2.8% 54% 41% 5%
Public Policy Polling October 28–31, 2011 673 voters ± 3.8% 51% 42% 7%
Goodwin Simon Strategic Research May 18–24, 2011 1,003 likely November 2012 voters ± 3.1% 53% 39% 8%
Public Policy Polling March 3–6, 2011 1,247 voters ± 2.8% 47% 45% 8%

See also

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Notes

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  1. ^ After Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York and Washington, but excluding California which had constitutionally banned same-sex marriage in November 2008, but still recognized marriages performed between June and November 2008.
  2. ^ It is also unclear if marriages performed under native custom, known in Maliseet-Passamaquoddy as nipuwuwakon (pronounced [niˌbuwuˈwǎːgən]),[47] and in Abenaki as nibaw8gan (pronounced [nɪˌba.wɔ̃ˈgan]),[48] are legally recognized on the reservations.

References

[edit]
  1. ^ Sharp, David (December 29, 2012). "Gay marriage law goes into effect in Maine". Associated Press. Archived from the original on February 21, 2013. Retrieved April 13, 2013.
  2. ^ "Maine, Maryland Vote to Legalize Gay Marriage". Time. Associated Press. Archived from the original on November 7, 2012. Retrieved November 7, 2012.
  3. ^ Harrison, Judy (December 3, 2012). "Gay marriage law takes effect Dec. 29, group says". Bangnor News. Archived from the original on December 9, 2013. Retrieved December 3, 2012.
  4. ^ a b "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom". Maine Legislature. Archived from the original on March 17, 2021. Retrieved May 6, 2009.
  5. ^ "Gay marriage repeal on ballot — State — Bangor Daily News — BDN Maine". Bangordailynews.com. September 2, 2009. Archived from the original on August 15, 2011. Retrieved November 7, 2012.
  6. ^ "People's Veto of Bill to Allow Same-sex Marriage Certified by Secretary of State". Maine.gov. September 2, 2009. Archived from the original on July 29, 2010. Retrieved November 7, 2012.
  7. ^ "Bureau of Corporations, Elections, 2009 Referendum Tabulation". Maine.gov. November 3, 2009. Archived from the original on January 26, 2010. Retrieved November 7, 2012.
  8. ^ Michael Falcone. "Maine vote repeals gay marriage law". Politico.Com. Archived from the original on February 8, 2014. Retrieved November 7, 2012.
  9. ^ "Maine rejects same-sex marriage law – CNN". Articles.cnn.com. November 4, 2009. Archived from the original on January 20, 2012. Retrieved November 7, 2012.
  10. ^ "The Philadelphia Gay News – Maine OKs marriage". Epgn.com. Archived from the original on February 27, 2012. Retrieved November 7, 2012.
  11. ^ Moretto, Mario (June 25, 2014). "Susan Collins becomes fourth GOP senator to publicly support same-sex marriage". Bangor Daily News. Archived from the original on June 26, 2014. Retrieved June 25, 2014.
  12. ^ "Angus on the Issues". Angus King for U.S. Senate. Archived from the original on July 5, 2012. Retrieved June 22, 2012.
  13. ^ "§2710. Domestic partner registry". Archived from the original on January 15, 2019. Retrieved January 15, 2019.
  14. ^ "Maine Legislature Votes To Ban Gay Marriages". The New York Times. March 28, 1997. Archived from the original on November 8, 2016. Retrieved February 18, 2017.
  15. ^ "Bill would allow same-sex marriage in Maine". Archived from the original on February 20, 2012. Retrieved February 21, 2012.
  16. ^ Szep, Jason (January 14, 2009). "Battle over gay marriage shifts to Maine". Reuters. Archived from the original on August 11, 2022. Retrieved November 7, 2012.
  17. ^ Zezima, Katie (April 22, 2009). "Mainers Air Their Views on Same-Sex Marriage". The New York Times. Maine. Archived from the original on April 10, 2014. Retrieved November 7, 2012.
  18. ^ "FindLaw: Maine Same-Sex Marriage Law for Gay and Lesbian Couplies Approved May 6, 2009". News.findlaw.com. May 6, 2009. Archived from the original on February 25, 2012. Retrieved November 7, 2012.
  19. ^ a b "Maine takes step toward approving gay marriage". Reuters. May 5, 2009. Archived from the original on June 2, 2016. Retrieved July 5, 2021.
  20. ^ "Maine Panel Strongly Endorses Same-Sex Marriage Bill". Fox News. April 28, 2009. Archived from the original on July 25, 2012. Retrieved November 7, 2012.
  21. ^ Goodnough, Abby (April 29, 2009). "Maine – Vote on Gay Marriage Expected". The New York Times. Maine. Archived from the original on March 29, 2017. Retrieved November 7, 2012.
  22. ^ "Bill Summary". Maine Legislature. May 6, 2009. Archived from the original on July 11, 2009. Retrieved May 6, 2009.
  23. ^ "State Senate backs gay-marriage bill — Bangor Daily News — BDN Maine". Bangordailynews.com. April 30, 2009. Archived from the original on April 7, 2014. Retrieved November 7, 2012.
  24. ^ Goodnough, Abby (April 30, 2009). "Maine Senate Backs Same-Sex Marriage". The New York Times. Maine. Archived from the original on November 19, 2014. Retrieved November 7, 2012.
  25. ^ "Maine House Passes Gay Marriage Bill". Outcomebuffalo.com. May 5, 2009. Archived from the original on March 11, 2012. Retrieved November 7, 2012.
  26. ^ "Maine House passes gay marriage bill — Bangor Daily News — BDN Maine". Bangordailynews.com. May 5, 2009. Archived from the original on October 20, 2012. Retrieved November 7, 2012.
  27. ^ "Latest News: Office of Governor Paul LePage". Maine.gov. May 6, 2009. Archived from the original on March 17, 2021. Retrieved November 7, 2012.
  28. ^ Goodnough, Abby (May 6, 2009). "Maine Governor Signs Same-Sex Marriage Bill". The New York Times. Maine. Archived from the original on June 18, 2012. Retrieved November 7, 2012.
  29. ^ Russel, Jenna (May 6, 2009). "Gay marriage law signed in Maine, advances in N.H". Boston.com. Archived from the original on October 21, 2013. Retrieved May 6, 2009.
  30. ^ "Gay marriage supporters aiming for 2012 referendum | The Portland Press Herald / Maine Sunday Telegram". Pressherald.com. June 30, 2011. Archived from the original on January 1, 2012. Retrieved November 7, 2012.
  31. ^ Sharp, David (July 1, 2011). "Gay marriage supporters plan referendum in Maine". Boston Globe. Archived from the original on March 3, 2012. Retrieved November 7, 2012.
  32. ^ "Signature-gathering campaign to begin on Maine same-sex marriage initiative — Politics — Bangor Daily News — BDN Maine". Bangordailynews.com. August 17, 2011. Archived from the original on September 30, 2011. Retrieved November 7, 2012.
  33. ^ Steve Mistler (January 26, 2012). "It's on: Same-sex marriage supporters give it another try". Lewiston Sun Journal. Archived from the original on December 3, 2013. Retrieved January 26, 2012.
  34. ^ Maine Poised for 2nd public vote on gay marriage
  35. ^ Judy Harrison (February 23, 2012). "Secretary of state says same-sex marriage will be on the ballot". Bangor Daily News. Archived from the original on December 3, 2013. Retrieved February 24, 2012.
  36. ^ "New group forms to oppose gay marriage | The Portland Press Herald / Maine Sunday Telegram". Pressherald.com. May 1, 2012. Archived from the original on October 4, 2012. Retrieved November 7, 2012.
  37. ^ "Mainers approve gay marriage in historic vote – News". Boston.com. Archived from the original on November 9, 2012. Retrieved November 7, 2012.
  38. ^ "Title 19-A: DOMESTIC RELATIONS HEADING §650-A. Codification of marriage". Archived from the original on March 7, 2016. Retrieved March 7, 2016.
  39. ^ "Gay marriage law to take effect Dec. 29". Bangor Daily News. December 3, 2012. Archived from the original on December 9, 2013. Retrieved December 4, 2012.
  40. ^ "Augusta, Gardiner city clerks to open for marriage licenses Dec. 29". Kennebec Journal. December 4, 2012. Archived from the original on August 11, 2022. Retrieved December 4, 2012.
  41. ^ a b "Lewiston-Auburn won't hold special hours for first day of same-sex marriage". Bangor Daily News. December 13, 2012. Archived from the original on October 30, 2014. Retrieved December 13, 2012.
  42. ^ "Portland to perform midnight marriages for gay couples". Portland Press Herald. December 6, 2012. Archived from the original on December 10, 2012. Retrieved December 6, 2012.
  43. ^ "Maine's first married gay couple: 'We finally feel equal'". Bangor Daily News. December 29, 2012. Archived from the original on January 6, 2013. Retrieved December 29, 2012.
  44. ^ Bouchard, Kelly (December 29, 2012). "More than 40 gay couples licensed to wed in Maine". Press Herald.
  45. ^ "Title 30, §6209-B. Jurisdiction of the Penobscot Nation Tribal Court". Maine Legislature. Retrieved August 26, 2022.
  46. ^ "Title 30, §6209-A. Jurisdiction of the Passamaquoddy Tribal Court". Maine Legislature. Retrieved August 26, 2022.
  47. ^ "Maliseet-Passamaquoddy Dictionary: nipuwuwakon". pmportal.org. Archived from the original on August 26, 2022. Retrieved August 26, 2022.
  48. ^ "Edited Abenaki dictionary" (PDF). mfw.us. Archived from the original (PDF) on February 6, 2022. Retrieved April 18, 2024.
  49. ^ a b "The Economic Impact of Extending Marriage to Same-Sex Couples in Maine" (PDF). Archived (PDF) from the original on November 17, 2015. Retrieved February 21, 2012.
  50. ^ "1,530 same-sex marriages recorded in Maine". Concord Monitor. Associated Press. December 29, 2013. Archived from the original on September 23, 2015. Retrieved December 29, 2013.
  51. ^ "In first year after Maine legalized gay marriage, 16 percent of couples who tied knot were same sex". Bangor Daily News. December 31, 2013. Archived from the original on January 1, 2014. Retrieved January 1, 2014.
  52. ^ "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved December 11, 2023.
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