Same-sex marriage has been legally recognized in Maine since December 29, 2012. A bill for the legalization of same-sex marriages was approved by voters, 53–47 percent, on November 6, 2012, as Maine, Maryland and Washington became the first U.S. states to legalize same-sex marriage by popular vote. Election results were certified by the Maine Secretary of State's office and the Governor of Maine, Paul LePage, on November 29.
The 2012 referendum was a reversal of action on a similar bill three years earlier. On May 6, 2009, a bill to allow same-sex marriage in Maine was signed into law by Governor John Baldacci following legislative approval. Opponents of the bill successfully petitioned for a referendum before the law went into effect; voters rejected the law on November 3, 2009, in a "people's veto". Until the referendum result rejected the law, it appeared that Maine would be the first U.S. state to legalize same-sex marriage through the legislative process with a governor's signature, rather than following a judicial ruling. Vermont was the first state to legalize same-sex marriage by statute, but its legislature did so by overriding its governor's veto.
Both U.S. senators from Maine, Republican Susan Collins and Independent Angus King, support same-sex marriage.
Domestic partnerships
In 2004, Maine established domestic partnerships, which provide some of the legal rights and benefits of marriage. A domestic partnership grants couples, opposite-sex and same-sex, inheritance rights, domestic violence protection, and the right to make medical decisions, among others. The legislation was passed by the Maine Legislature and signed into law by Governor John Baldacci on April 28, 2004. It took effect on July 30, 2004.
Same-sex marriage
1997 legislation
I.P. 1 - L.D. 1017, An Act to Protect Traditional Marriage and Prohibit Same Sex Marriages, was passed on March 28, 1997. On March 27, the House of Representatives voted 106–39 in favor, followed by the Senate the following day, which voted for the bill 24–10. The bill would have gone to a referendum if it had been rejected by either Governor Angus King or the Maine Legislature, since the bill was initiated by referendum. The law was repealed in 2012.
2009 legislation
In January 2009, Senator Dennis Damon introduced a bill titled An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom to allow same-sex couples to marry in Maine. A public hearing took place on April 22 at the Augusta Civic Center because of high levels of interest. The legislation extended the right to refuse to perform same-sex marriages to any "person authorized to join persons in marriage" rather than to clergy only. It did not require that such refusals be based on religious beliefs. The Act also maintained the requirement for genetic counseling in marriage between first cousins of the opposite sex and expanded it to include first cousins of the same sex, despite the inability of persons of the same sex to conceive a child together.
Governor John Baldacci previously opposed allowing same-sex couples to marry, but said he was keeping an open mind.
On April 28, 2009, the Joint Committee on Judiciary endorsed the bill. The vote was 11 in favor, 2 against, and 1 recommending that the issue be sent to the voters via referendum. On April 30, the Senate approved the bill 20–15 in a preliminary vote accepting the Judiciary Committee's majority "Ought To Pass" report. That same day, senators rejected an amendment that would have sent the same-sex marriage question to voters in a referendum and passed the bill by a final vote of 21–14. On May 5, 2009, the House of Representatives passed the bill 89–58. The bill was then sent back to the Senate for a final vote on enactment. On May 6, Governor Baldacci signed the bill into law. Baldacci became the first governor in the nation to sign a same-sex marriage law. The law was due to take effect 90 days after the Legislature adjourned.
Repeal campaign
The day after Governor Baldacci signed the Act, opponents of same-sex marriage launched a campaign to repeal it through a voter referendum. The campaign was successful in placing the question on the ballot, and on November 3, 2009, it passed by a vote of 53% to 47%, repealing the law.
2012 initiative
On June 30, 2011, EqualityMaine and Gay & Lesbian Advocates & Defenders (GLAD) announced plans to place a voter initiative in support of same-sex marriage on Maine's November 2012 ballot. The title of the citizen initiative was An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom, and the text of their proposed ballot question was: