Maine Question 1, 2012

Last updated

Question 1: Citizen Initiative
An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom
Results
Votes %
Yes check.svgYes370,77052.60%
X mark.svgNo 334,04947.40%
Valid votes 704,81997.65%
Invalid or blank votes 16,9722.35%
Total votes721,791100.00%
Results by county
Maine marriage question 2012.svg
  Yes—60-70%
  Yes—50-60%
  No—50-60%
  No—60-70%
Source: Maine 2012 General Election Results - BDN Maine, Tabulation of Votes

Maine Question 1 was a voter referendum on an initiated state statute that occurred November 6, 2012. The title of the citizen initiative is "An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom". The question that appeared on the ballot was: "Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?"

Contents

The law took effect on December 29, 2012. [1]

Background

In 2009, same-sex marriage legalization, "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom", was passed by the legislature and signed into law by Governor John Baldacci. A 2009 people's veto referendum to reject the law passed 53 to 47 percent, invalidating the law before it took effect.

John Baldacci American politician

John Elias Baldacci is an American politician who served as the 73rd Governor of Maine from 2003 to 2011. A Democrat, he also served as a member of the United States House of Representatives from 1995 to 2003.

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. [2] Supporters delivered more than 105,000 petition signatures for the initiative to the Secretary of State's office on January 26, 2012, exceeding the minimum of 57,277 signatures requirement. [3] [4] The Secretary of State announced on February 23 that the office verified 85,216 signatures, qualifying the initiative for the November 2012 ballot. [5]

EqualityMaine

EqualityMaine is a political advocacy organization in Maine, United States. Founded in 1984 after the murder of Charlie Howard, it is the oldest and largest lesbian, gay, bisexual and transgender (LGBT) organization in the state. In 2008, they were a primary opponent of an attempt to revoke an anti-discrimination law in Maine. In 2009, EqualityMaine was one of the main supporters of a push to recognize same-sex marriage in Maine.

Under Maine's constitution a valid initiative must be sent to the voters unless enacted in the proposed form by the Legislature at the same session during which it was presented. In March 2012, the Maine Legislature voted to indefinitely postpone the initiative without debate, effectively putting it on the November ballot. [6] [7] [8]

Ballot question

On June 14, 2012, Maine Secretary of State Charlie Summers, who opposed same-sex marriage, [9] released the draft wording of the question as it would appear on the ballot, beginning a 30-day public comment period, at the end of which he had ten days to determine the wording of the question. [10] He proposed the following wording:

The Secretary of State of Maine is elected by the Legislature in that U.S. state. The basis of the office is Article V of the Maine Constitution. The Maine Secretary of State is responsible for administering elections, the Maine State Archives, the Bureau of Motor Vehicles, and for chartering corporations. The Secretary of State is elected at the start of the first session of the Maine Legislature for a two-year term, concurrent with the other constitutional officers of Maine. The incumbent is Matthew Dunlap, who took office in January 2013. Dunlap previously held the office from January 2005 to January 2011.

Charlie Summers American politician

Charles E. Summers Jr. is an American politician, businessman, Iraq War veteran and member of the Republican Party from the state of Maine. He currently serves as Acting Assistant to the Secretary of Defense for Public Affairs in the Trump Administration.

Do you want to allow same-sex couples to marry?

The petitions that supporters circulated was as follows: [11]

Do you favor a law allowing marriage licenses for same-sex couples, and that protects religious freedom by ensuring that no religion or clergy be required to perform such a marriage in violation of their religious beliefs?

Opponents of the initiative claimed that latter part of the circulated question is unnecessary, as the religious freedom to refuse to perform same-sex marriages is guaranteed by the First Amendment of the United States Constitution. They also criticized the wording for failing to mention redefining marriage. Supporters of the initiative said the Secretary of State's proposed wording "fails to address important parts of the initiative that will be on the ballot in November". Though they concede the First Amendment point made by the measure's opponents, they asked Summers, whose good faith they did not question, [9] to restore the reference to protecting religious freedom because they claim opponents "distort the facts around what the approval of same-sex marriage will do, including the possibility that churches would lose their tax-exempt status by refusing to perform same-sex marriages." [9]

The final wording Summers chose is "Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?" Representatives of both sides of the issue stated they had no major problems with Summers' decision. [12]

Campaign

EqualityMaine and Mainers United for Marriage began the campaign for the initiative on May 15, 2012. [13]

By June 28, Mainers United for Marriage had raised over $1 million, and 64 percent of those contributions had come from within Maine. [14]

On July 23, the Maine ACLU and Mainers United for Marriage held a press conference to announce the formation of the group Republicans United for Marriage as part of an effort to attract more Republican support of the initiative. Fifteen Republicans appeared at the conference, including three current state legislators. One of those, Rep. Stacey Fitts of Pittsfield, had voted against the 2009 same-sex marriage law passed by the previous Legislature but stated that he has now changed his mind after discussions with gay persons that he knows and his family. Fitts also said he felt his new views were a "perfect match" with his Republican philosophy of small government. [15] Pastor Bob Emerich, a spokesman for initiative opponents, dismissed the announcement as "insignificant" and questioned "why these people even call themselves Republicans." [16]

President Barack Obama, through a spokesperson, endorsed the initiative on October 24. [17]

Richard Malone, former Catholic Bishop of Portland, stated on October 25 that supporting the initiative was "unfaithful to Catholic doctrine" and that Catholics whose conscience was formed through scripture could not justify voting for any candidate or referendum that opposes the teachings of the Church. He said that Catholics for Marriage Equality did not speak for the Catholic Church. [18]

Democratic U.S. Representatives Chellie Pingree and Mike Michaud both stated they intended to vote in favor of the referendum, while Republican U.S. Senators Susan Collins and Olympia Snowe both stated that their policy was to not comment on state level issues. Governor Paul LePage, through his spokeswoman, also declined to offer his views on the referendum. [19] Collins and Snowe would both state their support for same-sex marriage after the referendum. [20] [21]

The referendum was declared passed on November 6, 2012 by the Associated Press, and opposition group Protect Marriage Maine conceded at 1:30 am on November 7, 2012. [22] 53% of Maine voted in favor.

Polling

Date of opinion pollConducted by Sample size
(likely voters)
YesNoUndecidedMargin of Error
October 28–31, 2011 [23] Public Policy Polling 67348% 35% 17% ±3.8%
March 2–4, 2012 [24] Public Policy Polling 1,25647% 32% 21% ±2.8%
June 13–14, 2012 [25] [26] MassINC Polling Group 50655% 36% 9% ±4.4%
June 20–25, 2012 [27] Critical Insights 61557% 35% 8% ±4%
September 12–16, 2012 [28] Critical Insights 61857% 36% 7% ±4%
September 15–17, 2012 [29] [30] Maine People's Resource Center 85653% 43% 4% ±3.35%
September 17–18, 2012 [31] Public Policy Polling 80452% 44% 4% ±3.5%
September 24–28, 2012 [32] Pan Atlantic SMS Group 40056.6% 39% 4.5% ±4.9%
October 30–31, 2012 [33] [34] Critical Insights 61355% 42% 3% ±4%
November 1–2, 2012 [35] Public Policy Polling 163352% 45% 3% ±2.4%
November 1–3, 2012 [36] Maine People's Resource Center 90550.5% 46.5% 2.9% ±3.26%

Results

Breakdown of voting by county
County Yes Votes No Votes
Androscoggin 44.6%24,05255.4%28,598
Aroostook 33.16%11,18166.84%22,562
Cumberland 65.12%105,41534.88%56,865
Franklin 46.65%7,63953.35%8,702
Hancock 56.91%17,25443.09%13,149
Kennebec 48.75%30,78051.25%32,372
Knox 55.13%12,12944.87%9,876
Lincoln 51.86%10,66148.14%9,849
Oxford 45.89%13,35854.11%15,810
Penobscot 46.91%36,06253.09%40,865
Piscataquis 37.41%3,34762.59%5,600
Sagadahoc 54.63%11,30945.37%9,330
Somerset 40.28%9,93459.72%14,767
Waldo 51.25%10,72448.75%10,212
Washington 40.9%6,51259.1%9,240
York 56.63%60,41343.37%46,252
Total52.60%370,77047.40%334,049

See also

Other same-sex marriage referendums

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National Organization for Marriage organization

The National Organization for Marriage (NOM) is an American non-profit political organization established in 2007 to work against the legalization of same-sex marriage in the United States. It was formed in 2007 specifically to pass California Proposition 8 prohibiting same-sex marriage in California. The group has opposed civil union legislation and gay adoption, and has fought against allowing transgender individuals to use bathrooms that accord with their gender identity. Brian S. Brown has served as the group's president since 2010.

Same-sex marriage has been legally recognized in the U.S. state of Maine since December 29, 2012. A bill for the legalization of such 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 on November 29.

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