On November 6, 2012, the people of Maine approved the legalization of same-sex unions. The law became effective on December 29, 2012.
Additionally, Maine has provided domestic partnerships. Now, people who are currently in same-sex domestic relationships have the option of getting married and ending their domestic union.
For additional information, check our Ultimate Guide to Gay Marriage Laws.
Maine has officially recognized same-sex unions since December 29, 2012.
On November 6, 2012, voters adopted a measure to legalize same-sex unions, 53–47 percent, making Maine, Maryland, and Washington the first states in the union to do so through popular vote.
On November 29, the Maine Secretary of State’s office and Governor Paul LePage certified the election results.
The referendum of 2012 represented a change in course from a similar bill’s passage three years earlier.
Governor John Baldacci signed a bill allowing same-sex unions in Maine into law on May 6, 2009, following parliamentary ratification. Before the law took effect, opponents of the measure successfully petitioned for a referendum.
In a “people’s veto” on November 3, 2009, voters rejected the measure. Until the referendum, which rejected the measure, it seemed that Maine would be the first state in the union to enact legislation authorizing same-sex unions and have the governor sign it, as opposed to waiting for a court decision.
Republican Susan Collins and Independent Angus King, both senators from Maine, favor same-sex unions.
Domestic Partnerships
In Maine, domestic partnerships are legal.
Domestic partnerships, which offer some of the rights and advantages of marriage, were made legal in Maine in 2004. A domestic partnership gives the pair several benefits, whether they are same-sex or opposite-sex, including the ability to make decisions about their health and domestic abuse protection.
The Maine Legislature approved the measure, and it became a law on April 28, 2004, under Governor John Baldacci.
Same-Sex Union
On March 28, 1997, the I.P. 1 – L.D. 1017, An Act to Protect Traditional Marriage and Prohibit Same-Sex Marriages, was passed.
On March 27, the House voted to support the measure 106-39. The next day, the Senate voted in favor of the measure 24-10. The law was launched by referendum; therefore, it would have gone to a referendum if either Governor Angus King or the Maine Legislature had rejected it.
In 2012, the law was revoked.
Legislation from 2009
An Act To End Discrimination in Civil Marriage and Affirm Senator Dennis Damon sponsored religious Freedom in January 2009 to permit same-sex unions in Maine.
Due to a lot of interest, a public hearing was held on April 22 at the Augusta Civic Center.
The law allowed anybody “qualified to unite persons in marriage” to refuse to officiate same-sex unions, not just clergy. These rejections didn’t need to be motivated by religious convictions.
Even though people of the same sex cannot have a child together, the Act also preserved the requirement for genetic counseling in marriages between first cousins of the opposite sex. It extended it to first cousins of the same sex.
Governor John Baldacci stated he kept an open mind after opposing same-sex marriage.
The Joint Committee approved the measure on Judiciary on April 28, 2009. There were 11 votes in favor, two votes against, and one vote in favor of sending the matter to a referendum.
On April 30, the Judiciary Committee’s majority “Ought To Pass” report was accepted by the Senate 20-15 in a preliminary vote.
Senators approved the law by a final vote of 21–14 on the same day they rejected an amendment that would have put the topic of same-sex marriage before people in a referendum.
The House of Representatives approved the bill on May 5, 2009, 89-58. The Senate then received the bill once more to vote on enactment. Governor Baldacci ratified the legislation on May 6.
Baldacci became the first governor in the country to enact a bill permitting same-sex unions. The law was supposed to go into force within 90 days after the Legislature’s adjournment.
Campaign to Repeal
The day after Governor Baldacci signed the law, those opposed to same-sex unions started a campaign to get it overturned by the popular vote. The question was successfully added to the ballot by the campaign, and on November 3, 2009, a vote of 53% to 47% resulted in the law’s repeal.
2012 Ballot
EqualityMaine and Gay & Lesbian Advocates & Defenders (GLAD) declared on June 30, 2011, that they would put a voter initiative in favor of same-sex marriage on the November 2012 ballot in Maine.
An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom was the name of the citizen initiative, and the following was the content of the proposed ballot question:
Would you support a law legalizing same-sex marriage licenses as long as it guarantees that no clergy or church is obliged to officiate the marriage in violation of their religious beliefs?
Supporters handed over 105,000 petition signatures for the initiative to the Secretary of State’s office on January 26, above the bare minimum of 57,277 needed.
The Secretary of State declared on February 23 that 85,216 signatures had been verified, making the initiative eligible for the November 2012 ballot.
An organization named Mainers United for Marriage spearheaded the 2012 push to make same-sex marriage legal in Maine. In opposition, several organizations had also emerged.
On November 6, 2012, Maine became the sixth New England state to legalize same-sex marriage, reversing a decision made three years earlier.
This made Maine one of the first states in the United States to approve same-sex marriage through a ballot initiative. Fifty-three percent voted yes, and 47 percent voted no, the opposite of what was witnessed in the referendum in 2009. On the same day, voters in Maryland and Washington also legalized same-sex unions.
The following is the current definition of marriage in Maine:
Marriage is the two people’s official union. For all legal reasons, gender-specific phrases about marriage or family ties, whether in legislation, administrative or court rule, policy, common law, or any other source of civil law, must be construed as gender-neutral.
After Paul LePage, the governor of Maine, confirmed the election results on November 29, the law went into effect on December 29, 2012, or 30 days later.
Being a Saturday, most town and city offices would not be open to issue marriage licenses until Monday, December 31. To issue licenses, Augusta and Gardiner declared that they would be open for a short time on the 29th.
According to Brunswick, licenses would be granted that day from 9 a.m. to noon by appointment only. Portland announced that City Hall would open at midnight on the 29th to conduct marriages and issue marriage licenses. City Hall will remain open until 3:01, but anyone in line before then will be served, according to city spokesperson Nicole Clegg.
Additionally, Portland and other cities that planned to be open said that any couple, not only same-sex couples, would be granted a marriage license that day. Due to low demand in such areas, some municipalities, including Farmington, Lewiston, and Auburn, indicated they would not be operating on the 29th.
Others said they did not need to open because the law had been amended or could not afford to do so. Steven Bridges and Michael Snell became the first same-sex married pair, getting hitched at 12:25 a.m. at Portland City Hall.
On that Saturday, December 29, more than 40 same-sex marriages took place in at least ten Maine communities, including Augusta, Bangor, Brewer, Brunswick, Falmouth, Freeport, Gardiner, Hallowell, Portland, and South Portland.
Native American Nations
According to state law, the Houlton Band of Maliseet Indians, the Penobscot Nation, and the Passamaquoddy Tribe all have jurisdiction over the unions and nullifications of tribal members.
As a result, these tribes are exempt from the state’s same-sex marriage statute, while tribal members may still ask their county clerk for a marriage license. The legality of same-sex unions in these tribes is unknown.
Should I Seek Legal Advice?
Maine has finally legalized same-sex unions, but relationships are never simple. Couples of the same sex may also face issues when defending their rights. It might be a good idea to speak with a Maine family lawyer if you are in a same-sex relationship.
