2009 Maine Question 1

In January 2009, a bill called "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom" was introduced in the Maine Legislature. The bill would legalize same-sex marriage and require Maine to recognize other same-sex marriages that were performed out of state. However, the bill also specifies that religious institutions would not be forced into performing same-sex marriages and could deny them if it comes into conflict with their beliefs.[http://edition.cnn.com/2009/POLITICS/01/14/maine.same.sex.marriage/index.html?_s=PM:POLITICS Bill would allow same-sex marriage in Maine] {{Cite news |date=2009-01-14 |title=Battle over gay marriage shifts to Maine |language=en |work=Reuters |url=https://www.reuters.com/article/us-gaymarriage-maine-idUSTRE50D08A20090114 |access-date=2022-09-02 |archive-date=2022-08-11 |archive-url=https://web.archive.org/web/20220811020722/https://www.reuters.com/article/us-gaymarriage-maine-idUSTRE50D08A20090114 |url-status=live }}{{cite web |title=An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom |url=https://mainelegislature.org/legis/bills/bills_124th/billpdfs/SP038401.pdf |website=Maine State Legislature |archive-url=https://web.archive.org/web/20220705091049/https://mainelegislature.org/legis/bills/bills_124th/billpdfs/SP038401.pdf |archive-date=2022-07-05 |url-status=live}}

On April 30, 2009, the Maine Senate rejected an amendment to put the issue up for a voter referendum 22–13 and passed the bill 21–14.{{Cite web |last=Miller |first=Kevin |date=2009-04-30 |title=State Senate backs gay-marriage bill |url=http://www.bangordailynews.com/2009/04/30/news/state-senate-backs-gaymarriage-bill/ |access-date=2022-09-02 |website=Bangor Daily News |language=en-US |archive-date=2022-09-02 |archive-url=https://web.archive.org/web/20220902144319/https://www.bangordailynews.com/2009/04/30/news/state-senate-backs-gaymarriage-bill/ |url-status=live }}{{Cite news |last=Goodnough |first=Abby |date=2009-04-30 |title=Maine Senate Backs Same-Sex Marriage |language=en-US |work=The New York Times |url=https://www.nytimes.com/2009/05/01/us/01maine.html |access-date=2022-09-02 |issn=0362-4331 |archive-date=2014-11-19 |archive-url=https://web.archive.org/web/20141119190604/http://www.nytimes.com/2009/05/01/us/01maine.html |url-status=live }} On May 5, 2009, the Maine House of Representatives passed the bill 89–57,{{Cite web |last=Harrison |first=Judy |date=2009-05-05 |title=Maine House passes gay marriage bill |url=http://www.bangordailynews.com/2009/05/05/news/maine-house-passes-gay-marriage-bill/ |access-date=2022-09-02 |website=Bangor Daily News |language=en-US |archive-date=2022-09-02 |archive-url=https://web.archive.org/web/20220902144321/https://www.bangordailynews.com/2009/05/05/news/maine-house-passes-gay-marriage-bill/ |url-status=live }}{{Cite news |date=2009-05-05 |title=Maine takes step toward approving gay marriage |language=en |work=Reuters |url=https://www.reuters.com/article/us-gaymarriage-maine-idUSTRE5445S220090505 |access-date=2022-09-02 |archive-date=2016-06-02 |archive-url=https://web.archive.org/web/20160602114109/http://www.reuters.com/article/us-gaymarriage-maine-idUSTRE5445S220090505 |url-status=live }} and on the following day, Governor John Baldacci signed the bill into law to take effect 90 days thereafter.{{cite web |author=Yvonne Abraham |url=http://www.boston.com/news/local/breaking_news/2009/05/gay_marriage_la.html |title=Gay marriage law signed in Maine, advances in N.H |publisher=Boston.com |date=2009-05-06 |access-date=2011-12-20 |archive-date=2013-10-21 |archive-url=https://web.archive.org/web/20131021031814/http://www.boston.com/news/local/breaking_news/2009/05/gay_marriage_la.html |url-status=live }}{{Cite web |title=Latest News: Office of Governor Paul LePage |url=https://www.maine.gov/tools/whatsnew/index.php?topic=Gov+News&id=72146&v=Article-2006 |access-date=2022-09-02 |website=www.maine.gov |archive-date=2022-01-20 |archive-url=https://web.archive.org/web/20220120234952/https://www.maine.gov/tools/whatsnew/index.php?topic=Gov+News&id=72146&v=Article-2006 |url-status=live }}

On May 7, 2009, opponents of the law filed the necessary paperwork to launch a campaign to put the law up for a vote in the November elections, giving them until 90 days after the legislature adjourned to collect at least 55,087 valid signatures to put the measure on the ballot.{{cite web |url=http://www.wabi.tv/news/5816/peoples-veto-drive-initiated |title=People's Veto Drive Initiated |publisher=Wabi.tv |date=2009-05-08 |access-date=2011-12-20 |archive-url=https://web.archive.org/web/20110929000251/http://www.wabi.tv/news/5816/peoples-veto-drive-initiated |archive-date=2011-09-29 |url-status=dead }} In June 2009, Stand for Marriage Maine, the coalition group leading the veto effort, announced it had hired Schubert Flint Public Affairs, which had worked on the Proposition 8 effort in California, to handle public relations for the veto effort.{{cite web |url=https://www.theguardian.com/world/feedarticle/8565447 |title=Maine gay marriage foes hire Calif. Prop 8 firm |publisher=Guardian |date=2009-06-18 |access-date=2011-12-20 |archive-date=2022-09-21 |archive-url=https://web.archive.org/web/20220921214225/https://www.theguardian.com/info/2015/dec/09/removed-news-agency-feed-article |url-status=live }} In July 2009, No on 1/Protect Maine Equality was formed to oppose the veto. On September 2, 2009, the secretary of state of Maine verified that the opponents of the law had submitted a sufficient number of valid signatures and certified the ballot question for November.{{Cite web |last=Miller |first=Kevin |date=2009-09-02 |title=Gay marriage repeal on ballot |url=http://www.bangordailynews.com/2009/09/02/news/gay-marriage-repeal-on-ballot/ |access-date=2022-09-02 |website=Bangor Daily News |language=en-US |archive-date=2022-09-02 |archive-url=https://web.archive.org/web/20220902144317/https://www.bangordailynews.com/2009/09/02/news/gay-marriage-repeal-on-ballot/ |url-status=live }}{{Cite web |date=2009-10-23 |title=People's Veto of Bill to Allow Same-sex Marriage Certified by Secretary of State |url=https://www.maine.gov/sos/news/2009/certified-peoples-veto.htm |access-date=2022-09-02 |archive-url=https://web.archive.org/web/20091023123404/https://www.maine.gov/sos/news/2009/certified-peoples-veto.htm |archive-date=2009-10-23 }}

The National Organization for Marriage (NOM), an anti-same-sex-marriage group, was the primary contributor to Stand For Marriage Maine, the organization that led the "yes on Question 1" campaign.[https://www.nytimes.com/2009/10/30/us/30maine.html Setback for Group Fighting Gay Marriage in Maine] The New York Times, October 29, 2009 NOM contributed over $1.6 million to Stand For Marriage Maine; by reports as of October 2009, NOM had contributed 63% of that group's funding.{{cite web |url=http://www.mainecampaignfinance.com/public/report_list.asp?TYPE=PAC&ID=4477 |title=Public Campaign Finance Page for the State of Maine |publisher=Maine Commission on Governmental Ethics & Election Practices |access-date=March 8, 2010 |url-status=dead |archive-url=https://archive.today/20130111054908/http://www.mainecampaignfinance.com/public/report_list.asp?TYPE=PAC&ID=4477 |archive-date=January 11, 2013 |df=mdy-all }}{{cite news |url=http://www.bangordailynews.com/detail/126665.html |title=Money fueling battle over gay marriage |newspaper=Bangor Daily News |access-date=March 8, 2010 |archive-url=https://wayback.archive-it.org/all/20091101183347/http://www.bangordailynews.com/detail/126665.html |archive-date=November 1, 2009 |url-status=dead |df=mdy-all }}

Question 1 asked: "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?" {{Cite web |title=Maine Same-Sex Marriage People's Veto, Question 1 (2009) |url=https://ballotpedia.org/Maine_Same-Sex_Marriage_People%27s_Veto,_Question_1_(2009) |access-date=2022-08-12 |website=Ballotpedia |language=en |archive-date=2022-08-12 |archive-url=https://web.archive.org/web/20220812162034/https://ballotpedia.org/Maine_Same-Sex_Marriage_People%27s_Veto%2C_Question_1_%282009%29 |url-status=live }}

• A Yes vote takes away the ability of same-sex couples to marry.
• A No vote keeps the ability of same-sex couples to marry.

The referendum was held on November 3, 2009. Voting "Yes" on the referendum would repeal the law while voting "No" would uphold the law.{{cite web |url=http://updates.mainetoday.com/updates/question-ready-for-petition-against-gay-marriage |title=Question ready for petition against gay marriage |publisher=Updates.mainetoday.com |access-date=2011-12-20 |archive-url=https://web.archive.org/web/20090530121646/http://updates.mainetoday.com/updates/question-ready-for-petition-against-gay-marriage |archive-date=2009-05-30 |url-status=dead }} After the referendum ended, the results showed that 52.9% of voters voted yes on repealing the law while 47.1% of voters voted no.{{Cite news |last=Goodnough |first=Abby |date=2009-11-04 |title=Gay Rights Rebuke May Change Approach |language=en-US |work=The New York Times |url=https://www.nytimes.com/2009/11/05/us/05marriage.html |access-date=2022-09-01 |issn=0362-4331 |archive-date=2022-09-01 |archive-url=https://web.archive.org/web/20220901211159/https://www.nytimes.com/2009/11/05/us/05marriage.html |url-status=live }}

{{Referendum

| title = Question 1: People's Veto
An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom

| yes = 300,848

| yespct = 52.9

| no = 267,828

| nopct = 47.1

| valid =

| validpct =

| invalid =

| invalidpct =

| total = 568,676

| turnoutpct =

}}

Just after midnight on election night, consultant Frank Schubert of Stand for Marriage Maine declared, "The institution of marriage has been protected in Maine and across this nation."{{cite web |url=http://updates.pressherald.mainetoday.com/updates/same-sex-marriage-supporters-concede-defeat |title=Same-sex marriage supporters concede defeat |publisher=Updates.pressherald.mainetoday.com |access-date=2011-12-20 |archive-url=https://archive.today/20110714021731/http://updates.pressherald.mainetoday.com/updates/same-sex-marriage-supporters-concede-defeat |archive-date=2011-07-14 |url-status=dead }} The No on 1/Protect Maine Equality campaign conceded defeat two hours later.{{cite web |url=http://www.pressherald.com/archive/fight-goes-on-over-marriage_2009-11-04.html |title=Fight goes on over marriage |publisher=Pressherald.com |date=2010-03-04 |access-date=2011-12-20 |archive-url=https://web.archive.org/web/20110807114918/http://www.pressherald.com/archive/fight-goes-on-over-marriage_2009-11-04.html |archive-date=2011-08-07 |url-status=dead }} Supporters of same-sex marriage pledged to continue the fight, while opponents said they would work to introduce a constitutional amendment to ban legal recognition of same-sex unions.{{Cite web |date=2009-11-07 |title=Backers of same-sex marriage pledge to keep up Maine fight|newspaper=The Boston Globe |url=https://boston.com/news/local/breaking_news/2009/11/backers_of_same.html |access-date=2022-09-02 |archive-url=https://web.archive.org/web/20091107061258/https://boston.com/news/local/breaking_news/2009/11/backers_of_same.html |archive-date=2009-11-07 }}

In 2009, the Maine Commission on Governmental Ethics and Election Practices voted, 3–2, to investigate the National Organization for Marriage (NOM) for campaign finance violations; the Commission overrode the recommendation of their staff. Maine law required organizations soliciting more than $5,000 for ballot question campaigns to file disclosure reports.{{cite news|author=Kevin Miller|title=Anti-gay marriage group sues state|url=https://www.bangordailynews.com/2009/10/22/news/antigay-marriage-group-sues-state/ |newspaper=Bangor Daily News|date=October 28, 2009}} NOM had contributed $1.6 million to Stand For Marriage Maine without filing any disclosure reports. NOM filed suit, claiming that Maine's election laws violated the Constitution. The suit was unsuccessful; the district court and the U.S. Court of Appeals for the First Circuit upheld the constitutionality of the challenged Maine election laws,{{cite web|url=https://www.wsj.com/articles/BL-LB-40605|title=First Circuit Rules Against Anti-gay Marriage Group in Campaign-Finance Suits|date=August 12, 2011|newspaper=Wall Street Journal}} including the disclosure and reporting requirements for political action committees and ballot question committees.[https://scholar.google.com/scholar_case?case=1527181517303665822 National Organization for Marriage, Inc. v. McKee], 649 F.3d 34 (1st Cir. 2011) (NOM I); [https://scholar.google.com/scholar_case?case=15475275551862019001 National Organization for Marriage, Inc. v. McKee], 669 F.3d 34 (1st Cir. 2012) (NOM II). The Supreme Court declined to hear further appeals from NOM.{{cite web |url=https://www.courthousenews.com/no-high-court-review-of-maine-election-reforms/|title=No High Court Review of Maine Election Reforms|agency=Courthouse News Service|date=January 31, 2012}}{{cite news|last=Long|first=Robert|title=U.S. Supreme Court rejects anti-gay marriage group's appeal of Maine's donor disclosure law|url=http://bangordailynews.com/2012/10/01/politics/u-s-supreme-court-rejects-anti-gay-marriage-groups-appeal-of-maines-donor-disclosure-law/|access-date=October 1, 2012 |newspaper=Bangor News|date=October 1, 2012}}

Separately, in 2014, the Commission issued a $50,250 fine to NOM,Steve Mistler, [https://www.pressherald.com/2014/06/25/maine-ethics-panel-ratifies-fine-against-anti-gay-marriage-group-grants-temporary-stay-in-disclosing-donors/ Maine ethics panel ratifies fine against anti-gay marriage group], Press-Herald (June 25, 2014). after investigators determined that the national NOM organization "intentionally set up its fundraising strategy to avoid disclosure laws" when it solicited donations for the clear purpose of aiding the 2009 Maine campaign. The Commission instructed NOM to file a campaign finance disclosure form (which would include the names of donors).{{cite news|url=https://apnews.com/article/26bc3c053b48473b9af3edfefc84e394 |work=Associated Press News |date=May 28, 2014|title=Maine fines national anti-gay marriage group|author=Alanna Durkin}} NOM unsuccessfully appealed in the state courts, and in August 2015, the Maine Supreme Judicial Court denied NOM's attempt for a stay on releasing the list while its case against a prior Ethics Commission ruling was pending.[https://scholar.google.com/scholar_case?case=6794313946845219755 National Organization for Marriage v. Commission on Governmental Ethics and Elections Practices], 121 A.3d 792 (Me. 2015).{{cite news|last=Cousins|first=Christopher|title=National Organization for Marriage files 2009 donors list|url=https://www.sunjournal.com/2015/08/24/national-organization-marriage-files-2009-donors-list/|access-date=August 24, 2015|newspaper=Maine Sun Journal|date=August 24, 2015|archive-date=September 24, 2015|archive-url=https://web.archive.org/web/20150924111714/http://www.sunjournal.com/news/0001/11/30/national-organization-marriage-files-2009-donors-list/1769046|url-status=live}} NOM paid the fine and disclosed its donors list that month.

On November 6, 2012, another referendum was held on whether to legalize same-sex marriage{{Cite web |title=Secretary of State Announces the Order of November Ballot Questions |url=https://www.maine.gov/sos/news/2012/ballotquestionorder.html |access-date=2022-09-02 |website=www.maine.gov |archive-date=2020-10-18 |archive-url=https://web.archive.org/web/20201018151502/https://www.maine.gov/sos/news/2012/ballotquestionorder.html |url-status=live }} 53% of voters voted yes, thus overturning the 2009 Maine Question 1 referendum, and marking the first success for same-sex marriage in a ballot measure.{{Cite web |last=Fetters |first=Ashley |date=2012-11-07 |title=Same-Sex Marriage Wins on the Ballot for the First Time in American History |url=https://www.theatlantic.com/sexes/archive/2012/11/same-sex-marriage-wins-on-the-ballot-for-the-first-time-in-american-history/264704/ |access-date=2022-09-02 |website=The Atlantic |language=en |archive-date=2022-09-02 |archive-url=https://web.archive.org/web/20220902170156/https://www.theatlantic.com/sexes/archive/2012/11/same-sex-marriage-wins-on-the-ballot-for-the-first-time-in-american-history/264704/ |url-status=live }}

• LGBT rights in Maine
• Same-sex marriage in Maine
• Same-sex marriage in the United States

{{Reflist|2}}

• [http://www.maine.gov/sos/cec/elec/2009/referendumbycounty.html Bureau of Corporations, Elections and Commissions - November 3, 2009 General Election Tabulations] {{Webarchive|url=https://web.archive.org/web/20100126063606/http://www.maine.gov/sos/cec/elec/2009/referendumbycounty.html |date=January 26, 2010 }}
• [https://web.archive.org/web/20110207114828/http://www.mainefreedomtomarry.com/ No on 1/Protect Maine Equality] (campaign in favor of marriage for same-sex couples and against changing Maine's current marriage statute, supports a No vote on the ballot)
• [http://standformarriagemaine.com/ Stand For Marriage Maine] (campaign against marriage for same-sex couples and in favor of changing Maine's current marriage statute, supports a Yes vote on the ballot)
• [https://web.archive.org/web/20091031071204/http://www.wmtw.com/video/21458064/index.html Televised debate between the "Yes on 1" and "No on 1" campaigns]

{{U.S. same-sex unions ballot measures}}

{{Maine elections}}

{{2009 United States elections}}

Category:LGBTQ rights in Maine

Category:2009 Maine ballot measures

Category:Same-sex marriage ballot measures in the United States

Category:November 2009 in the United States