Same-Sex Marriage in Maine

Was the Maine legislation court-ordered?

No. Maine has become the second U.S. state, after Vermont, to legalize same-sex marriage through legislative means.

When will the legislation take effect?

The legislation is scheduled to take effect on September 16, 2009.

Was it a close vote?

Not really. It passed the House 89-57, and the Senate 21-13.

Did the legislature have to overcome a gubernatorial veto?

No. Governor John Baldacci (D-ME) had once been an opponent of same-sex marriage, but--like many Americans--shifted to a pro-marriage position over time. "I have come to believe," he said, "that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage."

Can the legislation be overturned by referendum?

Yes, but opponents must gather 55,087 valid signatures first--not an easy thing to do in a state with a population of 1.3 million.

A referendum to overturn the bill can be placed on the November ballot if opponents can gather enough signatures within the next three months, but even opponents of same-sex marriage acknowledge that this is unlikely. If the referendum ever ends up on a ballot, June 2010 is a more likely prospect.

Would a referendum to overturn the bill be likely to succeed?

It's still a tossup, but right now the odds favor supporters of same-sex marriage. According to an April 2009 poll taken before the legislation passed, 47.3% of those surveyed favored expanding marriage rights to include same-sex couples, 49.5% opposed it, and 3.2% were undecided.

In order to pass the referendum, almost everyone who opposes same-sex marriage would have to be willing to overturn same-sex marriages that have already been performed. In a state where (according to the same poll) 77% of voters support some kind of legal recognition for same-sex couples, this scenario seems unlikely.

That said, the passage of Proposition 8 in California also seemed unlikely--and it happened anyway.