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Maine Question 1, Same-Sex Marriage Referendum (2009)

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Maine Question 1

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Election date

November 3, 2009

Topic
Family-related policy and LGBTQ issues
Status

OverturnedOverturned

Type
Veto referendum 		Origin

Citizens


Maine Question 1 was on the ballot as a veto referendum in Maine on November 3, 2009.

A "yes" vote supported rejecting the new law, and prohibiting same-sex couples from marrying.

A "no" vote supported allowing the new law to take effect, and permitting same-sex couples to marry.


Election results

Maine Question 1

Result Votes Percentage

Approved Yes

300,848 52.90%
No 267,828 47.10%
Results are officially certified.
Source


Overview

What was this measure designed to do?

This veto referendum was designed to allow Maine voters to decide on "An Act to Promote Marriage Equality and Affirm Religious Freedom," which was designed to provide same-sex couples to marry. A "yes" vote rejected the new law, and would prohibit same-sex marriage in the state, while a "no" vote affirmed the new law, allowing it to pass and permitting same-sex couples to marry.

Text of measure

Ballot title

The ballot title for Question 1 was as follows:

“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?”


Summary

The following description of the intent and content of this ballot measure was provided in the Maine Citizen's Guide to the Referendum Election:

“

This referendum asks whether Maine voters want to reject or accept amendments to the state’s marriage laws that were enacted by the Legislature and approved by the Governor in May 2009. The new law would allow same-sex couples to marry in Maine. It also would recognize such marriages lawfully performed in other states. It would allow individuals who are authorized to perform marriages to refuse to perform a marriage for a same-sex couple. Finally, the law does not allow any court or governmental body to compel, prevent or interfere in any way with a religious institution’s doctrines, policies, teaching or practices regarding marriage.

After the legislation making the above changes was enacted in May, 2009, petitioners collected a sufficient number of signatures of registered voters to refer it to the people for a vote at a statewide election. The effect of the legislation has been suspended pending the outcome of the election.

A “YES” vote would reject the new law and continue to prohibit same-sex couples from marrying.

A “NO” vote would allow the new law to take effect, permitting same-sex couples to marry. [1]

”
—Office of the Attorney General

[2]

Fiscal note

The following fiscal impact statement was provided in the Maine Citizen's Guide to the Referendum Election:

“

Fiscal Notes and Detail. Increasing the number of marriages may subsequently generate additional divorce proceedings, increasing court costs by minor amounts. The collection of additional filing fees for court proceedings will increase General Fund revenue by minor amounts.

As Maine tax law currently exempts certain transactions between family members, the bill may reduce Real Estate Transfer Tax collections affecting General Fund revenue and Other Special Revenue Funds revenue dedicated to the Housing Opportunities for Maine Fund. The General Fund impact may be offset by reduced eligibility and net benefits paid under the Maine Resident Property Tax and Rent Refund Program.

The net effect on state costs and revenue is not expected to be significant. This fiscal note assumes no change to federal income tax filing status and, therefore, no effect on Maine individual income tax liability.

Net fiscal impact not significant. [1]

”
—Office of Fiscal and Program Review

[2]

Support

Stand for Marriage Maine.jpg

Stand for Marriage Maine was the campaign registered to support the veto referendum.[3]

Supporters

  • Roman Catholic Diocese of Portland
  • Maine Jeremiah Project
  • National Organization for Marriage
  • Maine Marriage Initiative
  • Daughters of Isabella
  • Knights of Columbus
  • Concerned Women of America, Maine Chapter
  • Maine Coalition of Concerned Families
  • Eagle Forum
  • Family Watch International
  • Marriage4 Maine


Opposition

Protect Maine Equality.jpg

Protect Maine Equality was the campaign registered to oppose the veto referendum.[4]

Opponents

  • Americans for Democratic Action
  • AFL/CIO
  • American Academy of Pediatrics- Maine Chapter
  • American Association of University Women (AAUW)
  • American Civil Liberties Union
  • Center for the Prevention of Hate Violence
  • Children of Lesbians and Gays Everywhere
  • Community Counseling Center
  • Downeast Pride Alliance

Path to the ballot

Veto supporters were required to collect 55,087 signatures; a number equivalent to 10 percent of the total votes for governor in the last gubernatorial election. Supporters of the veto measure filed about 100,000 signatures with the Maine Secretary of State on July 31 in order to qualify the measure for the November 2, 2009 statewide ballot.[5] National Petition Management, a petition drive management company, was hired to collect signatures to qualify Question 1 for the ballot. They were paid $308,000 for the signatures they collected in this petition drive.[6][7]

The Maine Secretary of State determined that sufficient signatures were collected, therefore the law did not go into effect pending the results of the November election.[8] In August 2009 the secretary of state's office announced that they began the verification process.[9] And on September 3, 2009 the office announced that enough valid signatures were filed to qualify the measure for the November 3 ballot. That same day Gov. John Baldacci signed a formal proclamation to place the measure on the November 3, 2009. On September 3 the governor said, "I fully support this legislation and believe it guarantees that all Maine citizens are treated equally under our state’s civil marriage laws. But I also have a constitutional obligation to set the date for the election once the secretary of state has certified that enough signatures have been submitted."[10]

See also

2009 Measures

Maine

News and analysis


External links

Footnotes

  1. ↑ 1.0 1.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  2. ↑ 2.0 2.1 Cite error: Invalid <ref> tag; no text was provided for refs named SOS
  3. ↑ Bangor Daily News, "Stand for Marriage launches Web site," August 28, 2009
  4. ↑ The Advocate, "Maine Gov. Endorses Protecting Equality," October 27, 2009
  5. ↑ All Headline News, "Gay Marriage Opponents in Maine Submit Petition," July 31, 2009
  6. ↑ Times Herald Online, "Marriage doesn't need protecting from gays," December 9, 2009
  7. ↑ Nolan Chart, "Maine Question 1: Where Did the Money Go?" December 17, 2009
  8. ↑ Associated Pres, "Gay marriage foes reach signature goal in Maine," July 8, 2009
  9. ↑ Edge, "Bay Area LGBTs pitch in to help Maine in marriage fight," August 17, 2009
  10. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Marriage
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