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LEANING TOWARD YES ON 1
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BY SUSAN M. COVER
Staff Writer Kennebec Journal & Morning Sentinel 11/04/2009

STAFFANDWIREREPORTS

Gay-marriage opponents are claiming victory in a closely watched referendum in Maine on a new state law that would have allowed same-sex couples to wed.

The law in question was passed by the Legislature in May but never took effect because of a petition drive by conservatives.

With more than 84 percent of precincts reporting Tuesday, the side seeking to repeal the law had 53 percent of the vote. Their campaign organizer, Frank Schubert, claimed victory and declared that Maine voters had helped preserve the institution of marriage.

Gay-marriage supporters refused to concede, holding out hope that that the tide might turn as the final returns came in. They had been hoping Maine would become the first state to approve same-sex marriage at the ballot box.


Same-sex marriage opponents gathered at Portland’s Eastland Park Hotel, where blue, white and yellow balloons greeted those who attended the election night party.

“We have done better than we have even anticipated,” Marc Mutty, chairman of the Yes on 1 campaign, said just before midnight. “Knowing there’s still counties coming in we’re likely to do well in, it’s been all the more encouraging.”

Gov. John Baldacci signed the bill into law in May, but opponents of same-sex marriage quickly gathered well more than the 55,000 signatures necessary to call for a public vote.

If the law were upheld, Maine would be the sixth state in the country to allow gay and lesbian couples to marry. Massachusetts, Connecticut, Vermont and Iowa already allow gay marriage, and New Hampshire’s new law will take effect in January.

Same-sex marriage supporters, including Baldacci, watched returns come in at the Holiday Inn by the Bay.

By midnight, the mood there had turned somber, with cautious optimism being replaced with concern as the results swung. No on 1 leaders retreated to the war room, while many in the crowd lingered.
Since January, supporters and opponents of same-sex marriage have been gearing up for a fight that’s touched on religion, civil rights, schools, sexuality and family.

The two campaigns spent more than $7 million, with same-sex marriage supporters outspending opponents. Both sides say the vote will have national implications that will influence future same-sex marriage battles in other states.

A crowd of some 100 supporters of Yes on 1 broke into applause and cheers in the main ballroom of the Eastland around 9:30 p.m. after brief remarks from Frank Schubert, campaign consultant.

“I’m happy to tell you at this point we are ahead of our projections in every county,” he said.

The crowd at the No on 1 party was several times larger and louder than the competition.

In the lobby outside the ballroom, Roger and Peggy Marchand of Gorham set up cardboard cutouts of male and female couples and brought along their camera for those who wanted to get a snapshot.

“We have high hopes,” Roger Marchand said.

If the law were upheld and there wasn’t a recount, couples in Maine would most likely be allowed to marry by late December or early January, according to the Governor’s office.

While gay-marriage supporters have had success in New England and Iowa in the last five years, most of the country still opposes same-sex marriage.

Nationwide, 30 states — including California — have voted to ban it.

The push to legalize same-sex marriage in Maine began in January, when hundreds of activists gathered at the State House to announce that Sen. Dennis Damon, D-Trenton, would sponsor legislation to change the definition of marriage.

The bill defined marriage as “the legally recognized union of two people” rather than “the union of one man and one woman joined in traditional monogamous marriage,” a definition put in place by the Legislature in 1997.

It allowed any two people to apply for a marriage license “regardless of the sex of each person.”
And, finally, it allowed religious institutions to refuse to perform same-sex marriage if it is not consistent with their beliefs.

When the bill was introduced, Baldacci, a Catholic Democrat, said he was unsure whether he would support it. He had previously been on record as supporting civil unions but not gay marriage.

“This debate is extremely personal for many people, and it’s an issue that I struggle with trying to find the best path forward,” he said in January.

In April, more than 3,000 people came to the Augusta Civic Center for a 10-hour public hearing on the measure. Supporters said the change was necessary to give gay and lesbian families access to more than 400 state laws that pertain to marriage, including health insurance through a spouse and tax benefits.

They also said they did not want to create a separate civil union law because it would not be equal.

Opponents said it was important to keep the traditional definition of marriage, arguing that it is better for society and children to have a mother and a father.

Roman Catholic Diocese of Portland Bishop Richard Malone testified that he was “deeply concerned about the institution of marriage itself.”

Six days later, the Legislature’s Judiciary Committee voted in support of the bill.
House and Senate votes quickly followed, with final Senate approval at 21-13 and House approval at 89-57.

The same day the Senate took the final vote, Baldacci signed the bill into law, saying “times have changed.”

As Baldacci announced his decision, cheers of joy could be heard coming from the hallway outside his office, where gay and lesbian couples gathered to await his decision.

But, as they celebrated, opponents expressed their disappointment and vowed to gather the signatures necessary for a people’s veto of the law.

Less than three months later, opponents turned in more than 100,000 signatures to the state calling for a vote.

The law was put on hold pending the outcome of Tuesday’s election.

At the No on 1 party Tuesday night, Eigen Heald of Portland said she’s been with her partner for 22 years.

“My toes are curling,” she said. “It would be really nice to be married in Maine.”

James White, 31, of Berwick, who was at the No on 1 party , said he was “very emotional.”

“It’s our time,” he said. “It’s our moment.”

Portland Press Herald Staff Writers Jenn Menendez and Justin Ellis contributed to this report.

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