2009 Maine Question 1

Referendum on same-sex marriage Question 1: Citizen Initiative People's VetoAn Act To End Discrimination in Civil Marriage and Affirm Religious Freedom 300,848 267,828 568,676 2009 Maine Question 1 results map by county.svg County results Yes #47729E 70–80% #7D9CBB 60–70% #B6C8D9 50–60% No #BCBC83 60–70% #DEDEBD 50–60% November 3, 2009 Maine 2012 2012 Maine Question 1 Maine Question 1 was a voter referendum conducted in Maine in the United States in 2009 that rejected a law legalizing same-sex marriage in the state. The measure passed 53–47% on November 3, 2009. The outcome of the referendum was reversed three years later when voters approved 2012 Maine Question 1, which legalized same-sex marriage in the state again. Legislation 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.Bill would allow same-sex marriage in Maine2009-01-14 Battle over gay marriage shifts to Maine en Reuters https://www.reuters.com/article/us-gaymarriage-maine-idUSTRE50D08A20090114 2022-09-02 2022-08-11 https://web.archive.org/web/20220811020722/https://www.reuters.com/article/us-gaymarriage-maine-idUSTRE50D08A20090114 live An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom https://mainelegislature.org/legis/bills/bills_124th/billpdfs/SP038401.pdf Maine State Legislature https://web.archive.org/web/20220705091049/https://mainelegislature.org/legis/bills/bills_124th/billpdfs/SP038401.pdf 2022-07-05 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.Miller Kevin 2009-04-30 State Senate backs gay-marriage bill http://www.bangordailynews.com/2009/04/30/news/state-senate-backs-gaymarriage-bill/ 2022-09-02 Bangor Daily News en-US 2022-09-02 https://web.archive.org/web/20220902144319/https://www.bangordailynews.com/2009/04/30/news/state-senate-backs-gaymarriage-bill/ live Goodnough Abby 2009-04-30 Maine Senate Backs Same-Sex Marriage en-US The New York Times https://www.nytimes.com/2009/05/01/us/01maine.html 2022-09-02 0362-4331 2014-11-19 https://web.archive.org/web/20141119190604/http://www.nytimes.com/2009/05/01/us/01maine.html live On May 5, 2009, the Maine House of Representatives passed the bill 89–57,Harrison Judy 2009-05-05 Maine House passes gay marriage bill http://www.bangordailynews.com/2009/05/05/news/maine-house-passes-gay-marriage-bill/ 2022-09-02 Bangor Daily News en-US 2022-09-02 https://web.archive.org/web/20220902144321/https://www.bangordailynews.com/2009/05/05/news/maine-house-passes-gay-marriage-bill/ live 2009-05-05 Maine takes step toward approving gay marriage en Reuters https://www.reuters.com/article/us-gaymarriage-maine-idUSTRE5445S220090505 2022-09-02 2016-06-02 https://web.archive.org/web/20160602114109/http://www.reuters.com/article/us-gaymarriage-maine-idUSTRE5445S220090505 live and on the following day, Governor John Baldacci signed the bill into law to take effect 90 days thereafter.Yvonne Abraham http://www.boston.com/news/local/breaking_news/2009/05/gay_marriage_la.html Gay marriage law signed in Maine, advances in N.H Boston.com 2009-05-06 2011-12-20 2013-10-21 https://web.archive.org/web/20131021031814/http://www.boston.com/news/local/breaking_news/2009/05/gay_marriage_la.html dead Latest News: Office of Governor Paul LePage https://www.maine.gov/tools/whatsnew/index.php?topic=Gov+News&id=72146&v=Article-2006 2022-09-02 www.maine.gov 2022-01-20 https://web.archive.org/web/20220120234952/https://www.maine.gov/tools/whatsnew/index.php?topic=Gov+News&id=72146&v=Article-2006 live Ballot question efforts and fundraising 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.http://www.wabi.tv/news/5816/peoples-veto-drive-initiated People's Veto Drive Initiated Wabi.tv 2009-05-08 2011-12-20 https://web.archive.org/web/20110929000251/http://www.wabi.tv/news/5816/peoples-veto-drive-initiated 2011-09-29 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.https://www.theguardian.com/world/feedarticle/8565447 Maine gay marriage foes hire Calif. Prop 8 firm Guardian 2009-06-18 2011-12-20 2022-09-21 https://web.archive.org/web/20220921214225/https://www.theguardian.com/info/2015/dec/09/removed-news-agency-feed-article 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.Miller Kevin 2009-09-02 Gay marriage repeal on ballot http://www.bangordailynews.com/2009/09/02/news/gay-marriage-repeal-on-ballot/ 2022-09-02 Bangor Daily News en-US 2022-09-02 https://web.archive.org/web/20220902144317/https://www.bangordailynews.com/2009/09/02/news/gay-marriage-repeal-on-ballot/ live 2009-10-23 People's Veto of Bill to Allow Same-sex Marriage Certified by Secretary of State https://www.maine.gov/sos/news/2009/certified-peoples-veto.htm 2022-09-02 https://web.archive.org/web/20091023123404/https://www.maine.gov/sos/news/2009/certified-peoples-veto.htm 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.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.http://www.mainecampaignfinance.com/public/report_list.asp?TYPE=PAC&ID=4477 Public Campaign Finance Page for the State of Maine Maine Commission on Governmental Ethics & Election Practices March 8, 2010 dead https://archive.today/20130111054908/http://www.mainecampaignfinance.com/public/report_list.asp?TYPE=PAC&ID=4477 January 11, 2013 mdy-all http://www.bangordailynews.com/detail/126665.html Money fueling battle over gay marriage Bangor Daily News March 8, 2010 https://wayback.archive-it.org/all/20091101183347/http://www.bangordailynews.com/detail/126665.html November 1, 2009 dead mdy-all Polling 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?" Maine Same-Sex Marriage People's Veto, Question 1 (2009) https://ballotpedia.org/Maine_Same-Sex_Marriage_People%27s_Veto,_Question_1_(2009) 2022-08-12 Ballotpedia en 2022-08-12 https://web.archive.org/web/20220812162034/https://ballotpedia.org/Maine_Same-Sex_Marriage_People%27s_Veto%2C_Question_1_%282009%29 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. Date of opinion pollConducted bySample size(likely voters)YesNoUndecidedMargin of Error September 14–16, 2009http://www.dailykos.com/story/2009/09/18/783757/-ME-Init-Gay-marriage-all-tied-up-heading-into-November?via=search ME-Init: Gay marriage all tied up, heading into November 2012-02-22 2016-03-03 https://web.archive.org/web/20160303234527/http://www.dailykos.com/story/2009/09/18/783757/-ME-Init-Gay-marriage-all-tied-up-heading-into-November?via=search live Research 2000 600 48% 46% 6% ±4.0% September 23–27, 20092009-10-07 Democracy Corps – Maine; Frequency Questionnaire https://www.democracycorps.com/wp-content/files/mesw092709fq1me.pdf 2022-09-02 https://web.archive.org/web/20091007160241/https://www.democracycorps.com/wp-content/files/mesw092709fq1me.pdf 2009-10-07 Democracy Corps 808 41% 50% 9% ±3.5% September 30 – October 7, 2009http://updates.pressherald.mainetoday.com/updates/poll-518-plan-to-vote-no-on-question-1 Poll: 51.8% plan to vote no on question 1 | Maine News Updates Updates.pressherald.mainetoday.com 2011-12-20 https://web.archive.org/web/20091016231405/http://updates.pressherald.mainetoday.com/updates/poll-518-plan-to-vote-no-on-question-1 2009-10-16 dead Pan Atlantic 401 42.9% 51.8% 5.3% ±4.9% October 16–19, 2009http://publicpolicypolling.typepad.com/pdf/2009/PPP_Release_ME_1020.pdf Maine split on gay marriage question 2012-02-22 2016-03-04 https://web.archive.org/web/20160304063903/http://publicpolicypolling.typepad.com/pdf/2009/PPP_Release_ME_1020.pdf live Public Policy Polling 1130 48% 48% 4% ±2.9% October 20–22, 2009Swanson Emily http://www.pollster.com/blogs/me_marriage_pan_atlantic_10202.php https://archive.today/20120907083621/http://www.pollster.com/blogs/me_marriage_pan_atlantic_10202.php dead 2012-09-07 Political Surveys and Election Polls, Trends, Charts and Analysis Pollster.com 2009-10-26 2011-12-20 Pan Atlantic 400 42% 53% 4% ±4.9% October 26–28, 2009ME-Init: Still tied https://www.dailykos.com/story/2009/10/29/798499/- 2022-09-02 Daily Kos 2016-03-06 https://web.archive.org/web/20160306033346/http://www.dailykos.com/story/2009/10/29/798499/- live Research 2000 600 47% 48% 5% ±4.0% October 31 – November 1, 2009http://publicpolicypolling.typepad.com/pdf/2009/PPP_Release_ME_1102.pdf TABOR Going Down, Gay Marriage Still Close 2012-02-22 2013-03-28 https://web.archive.org/web/20130328232110/http://publicpolicypolling.typepad.com/pdf/2009/PPP_Release_ME_1102.pdf live Public Policy Polling 1133 51% 47% 2% ±2.9% Results The referendum was held on November 3, 2009. Voting "Yes" on the referendum would repeal the law while voting "No" would uphold the law.http://updates.mainetoday.com/updates/question-ready-for-petition-against-gay-marriage Question ready for petition against gay marriage Updates.mainetoday.com 2011-12-20 https://web.archive.org/web/20090530121646/http://updates.mainetoday.com/updates/question-ready-for-petition-against-gay-marriage 2009-05-30 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.Goodnough Abby 2009-11-04 Gay Rights Rebuke May Change Approach en-US The New York Times https://www.nytimes.com/2009/11/05/us/05marriage.html 2022-09-01 0362-4331 2022-09-01 https://web.archive.org/web/20220901211159/https://www.nytimes.com/2009/11/05/us/05marriage.html live Question 1: People's VetoAn Act To End Discrimination in Civil Marriage and Affirm Religious Freedom 300848 267828 Post-election Reactions from campaigns 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."http://updates.pressherald.mainetoday.com/updates/same-sex-marriage-supporters-concede-defeat Same-sex marriage supporters concede defeat Updates.pressherald.mainetoday.com 2011-12-20 https://archive.today/20110714021731/http://updates.pressherald.mainetoday.com/updates/same-sex-marriage-supporters-concede-defeat 2011-07-14 dead The No on 1/Protect Maine Equality campaign conceded defeat two hours later.http://www.pressherald.com/archive/fight-goes-on-over-marriage_2009-11-04.html Fight goes on over marriage Pressherald.com 2010-03-04 2011-12-20 https://web.archive.org/web/20110807114918/http://www.pressherald.com/archive/fight-goes-on-over-marriage_2009-11-04.html 2011-08-07 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.2009-11-07 Backers of same-sex marriage pledge to keep up Maine fight The Boston Globe https://boston.com/news/local/breaking_news/2009/11/backers_of_same.html 2022-09-02 https://web.archive.org/web/20091107061258/https://boston.com/news/local/breaking_news/2009/11/backers_of_same.html 2009-11-07 Campaign finance lawsuits involving referendum proponents 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.Kevin Miller Anti-gay marriage group sues state https://www.bangordailynews.com/2009/10/22/news/antigay-marriage-group-sues-state/ Bangor Daily News 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,https://www.wsj.com/articles/BL-LB-40605 First Circuit Rules Against Anti-gay Marriage Group in Campaign-Finance Suits August 12, 2011 Wall Street Journal including the disclosure and reporting requirements for political action committees and ballot question committees.National Organization for Marriage, Inc. v. McKee, 649 F.3d 34 (1st Cir. 2011) (NOM I); 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.https://www.courthousenews.com/no-high-court-review-of-maine-election-reforms/ No High Court Review of Maine Election Reforms Courthouse News Service January 31, 2012Long Robert U.S. Supreme Court rejects anti-gay marriage group's appeal of Maine's donor disclosure law http://bangordailynews.com/2012/10/01/politics/u-s-supreme-court-rejects-anti-gay-marriage-groups-appeal-of-maines-donor-disclosure-law/ October 1, 2012 Bangor News October 1, 2012 Separately, in 2014, the Commission issued a $50,250 fine to NOM,Steve Mistler, 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).https://apnews.com/article/26bc3c053b48473b9af3edfefc84e394 Associated Press News May 28, 2014 Maine fines national anti-gay marriage group 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.National Organization for Marriage v. Commission on Governmental Ethics and Elections Practices, 121 A.3d 792 (Me. 2015).Cousins Christopher National Organization for Marriage files 2009 donors list https://www.sunjournal.com/2015/08/24/national-organization-marriage-files-2009-donors-list/ August 24, 2015 Maine Sun Journal August 24, 2015 September 24, 2015 https://web.archive.org/web/20150924111714/http://www.sunjournal.com/news/0001/11/30/national-organization-marriage-files-2009-donors-list/1769046 live NOM paid the fine and disclosed its donors list that month. 2012 referendum repealing 2009 referendum On November 6, 2012, another referendum was held on whether to legalize same-sex marriageSecretary of State Announces the Order of November Ballot Questions https://www.maine.gov/sos/news/2012/ballotquestionorder.html 2022-09-02 www.maine.gov 2020-10-18 https://web.archive.org/web/20201018151502/https://www.maine.gov/sos/news/2012/ballotquestionorder.html 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.Fetters Ashley 2012-11-07 Same-Sex Marriage Wins on the Ballot for the First Time in American History https://www.theatlantic.com/sexes/archive/2012/11/same-sex-marriage-wins-on-the-ballot-for-the-first-time-in-american-history/264704/ 2022-09-02 The Atlantic en 2022-09-02 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/ live See also LGBT rights in Maine Same-sex marriage in Maine Same-sex marriage in the United States References 2 External links Bureau of Corporations, Elections and Commissions - November 3, 2009 General Election Tabulations https://web.archive.org/web/20100126063606/http://www.maine.gov/sos/cec/elec/2009/referendumbycounty.html January 26, 2010 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) 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) Televised debate between the "Yes on 1" and "No on 1" campaigns 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