Same-sex marriage in Maine

Domestic partnerships

Main article: Domestic partnership in Maine

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

Same-sex marriage

1997 legislation

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 by a 24–10 vote. 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. The year prior, the United States Congress passed the Defense of Marriage Act (DOMA; ), 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 DOMA was struck down by the U.S. Supreme Court in United States v. Windsor in 2013 and officially repealed in 2022, and the Maine law was repealed in 2012.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

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. A public hearing took place on April 22 at the Augusta Civic Center because of high levels of interest. 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. Governor John Baldacci previously opposed allowing same-sex couples to marry, but said he was keeping an "open mind".

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 a referendum. On April 30, the Senate approved the bill 20–15 in a preliminary vote accepting the Judiciary Committee's majority "Ought To Pass" report. 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. It passed the House of Representatives 89–58 on May 5, and was sent back to the Senate for a final vote on enactment. Governor Baldacci signed the bill into law the following day. Baldacci became the first governor in the nation to sign a same-sex marriage law. The law was due to take effect 90 days after the Legislature adjourned.

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, as Question 1, and on November 3, 2009, it passed by a vote of 53% to 47%, repealing the law.

2012 initiative

Main article: 2012 Maine Question 1

Yes No ]]

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. 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:

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

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. The Secretary of State announced on February 23 that the office verified 85,216 signatures, qualifying it for the November 2012 ballot as Question 1. 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.

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. Maryland and Washington voters also approved same-sex marriage the same day. The law provides that same-sex marriages "validly licensed and certified in another jurisdiction [must be] recognized for all purposes under the laws of this State". Further, the definition of marriage in Maine is now the following:

The law took effect on December 29, 2012, 30 days after the election results were certified by Governor Paul LePage on November 29. 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. Brunswick said they would issue licenses from 9 a.m. to noon that day, but by appointment only. Portland announced that they would open 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. 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. 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. 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.

Developments after legalization

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

In October 2015, the Maine Supreme Judicial Court held that same-sex marriages performed out-of-state before Maine's marriage law went into effect in December 2012 are valid. In Kinney v. Busch, the court declined to answer a reported question on the issue, ruling that there was no "substantial doubt" about the legal question. It quoted the U.S. Supreme Court's Obergefell v. Hodges ruling to the effect that "there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character." The case involved a lesbian couple, Elizabeth Kinney and Tanya Busch, who had married in Massachusetts in 2008, but had sought a divorce in 2013. The couple disagreed on the effective date of their marriage—when licensed in Massachusetts in 2008 or when Maine's law became effective in 2012—as this had implications on martial property in the divorce proceedings.

Native American nations

The Indian Civil Rights Act, also known as Public Law 90–284 (; ), primarily aims to protect the rights of Native Americans but also reinforces the principle of tribal self-governance. While it does not grant sovereignty, the Act affirms the authority of tribes to govern their own legal affairs. Consequently, many tribes have enacted their own marriage and family laws. As a result, the 2012 state law and the Supreme Court's Obergefell ruling did not automatically apply to tribal jurisdictions. State law grants the Penobscot Nation, the Passamaquoddy Tribe, and the Houlton Band of Maliseet Indians jurisdiction over the marriages and divorces of tribal members. Although it is unclear whether same-sex marriage is legal on their reservations, the tribes do recognize customary marriages performed according to Indigenous traditions. Native Americans have deep-rooted marriage traditions, placing a strong emphasis on community, family and spiritual connections. Abenaki marriages (nibaw8gan) incorporate spiritual practices such as smudging, traditional clothing, feasting, dancing (nibaowipmegaw8gan), as well as marriage vows (ibawi wlitow8gan) guided by the elders. Marriages were exogamous, patrilineal and mostly monogamous, though chiefs (s8gm8) occasionally practiced polygyny. Likewise, Maliseet marriages (nipuwuwakon) were traditionally monogamous, with bride service also required. Chiefs (sakom) could also practice polygyny.

Wayne Mitchell, the Penobscot non-voting tribal representative in the House of Representatives, urged lawmakers to pass the same-sex marriage bill in 2009, stating, "You know there's only eight letters in the word equality. This state is almost 200 years old. We haven't gotten there ... I know. I come from a group of people who knows what the word equality means. And we also know what it doesn't mean. It would be nice, ladies and gentlemen of the House, if we could today become fully cognizant of the meaning of those eight letters." Representative Madonna Soctomah, the Passamaquoddy tribal representative, was a co-sponsor of the 2009 bill.

Economic impact

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. 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.

Marriage statistics

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. Marriages between women outpaced marriages between men by a tally of 970 to 560.

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.

Public opinion

Notes

References

References

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