Same-sex marriage in Maine has been legally recognized since December 29, 2012. A bill for the legalization of

same-sex marriages Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

was approved by voters, 53–47 percent, on November 6, 2012, as Maine,

Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...

and

Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...

became the first

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...

s to legalize same-sex marriage by popular vote. Election results were certified by the

Maine Secretary of State The secretary of state of Maine is a constitutional officer in the U.S. state of Maine and serves as the head of the Maine Department of State. The Secretary of State performs duties of both a legislative branch as well as an executive branch off ...

's office and the

Governor of Maine The governor of Maine is the head of government of the U.S. state of Maine. Before Maine was admitted to the Union in 1820, Maine was part of Massachusetts and the governor of Massachusetts was chief executive. The current governor of Maine is Ja ...

Paul LePage Paul Richard LePage (; born October 9, 1948) is an American politician who served as the 74th Governor of Maine from 2011 to 2019. A member of the Republican Party, LePage served two terms as a city councilor in Waterville, Maine, before being ...

, 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 Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...

was signed into law by Governor

John Baldacci John Elias Baldacci (born January 30, 1955) 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. During hi ...

following legislative approval. Opponents of the bill successfully petitioned for a

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

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 Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...

was the first state to legalize same-sex marriage by statute, but its

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

did so by overriding its

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

's veto. Both U.S senators from Maine, Republican

Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of Co ...

and Independent

Angus King Angus Stanley King Jr. (born March 31, 1944) is an American lawyer and politician serving as the junior United States senator from Maine since 2013. A political independent since 1993, he previously served as the 72nd governor of Maine from 1995 ...

, support same-sex marriage.

Domestic partnerships

In 2004, Maine established

domestic partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...

s, which provide some of the legal rights and benefits of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

. A domestic partnership grants the couple, opposite-sex or same-sex,

inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...

rights,

domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...

protection, and the right to make medical decisions, among others. The legislation was passed by the

Maine Legislature The Maine Legislature is the state legislature of the U.S. state of Maine. It is a bicameral body composed of the lower house Maine House of Representatives and the upper house Maine Senate. The Legislature convenes at the State House in Aug ...

and signed into law by Governor

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 A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...

voted 106–39 in favor followed by the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

the following day, which voted for the bill 24–10. The bill would have gone to a

if it had been rejected by either Governor

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 Dennis S. Damon (born December 21, 1948) is an American politician from Maine. Damon served as a Democratic State Senator from Maine's 5th, then following redistricting, 28th District, representing much of Hancock County, including the populati ...

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 The Augusta Civic Center is a convention center located in Augusta, Maine. It has a total of and 26 rooms. The main room is . The facility includes a main auditorium, two ballrooms, and 23 meeting rooms and full catering services. The arena c ...

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

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 House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...

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

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 A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in secret voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16t ...

, and on November 3, 2009, it passed by a vote of 53% to 47%, repealing the law.

2012 initiative

On June 30, 2011,

EqualityMaine EqualityMaine (formerly the Maine Lesbian/Gay Political Alliance) is Maine's oldest and largest lesbian, gay, bisexual, and transgender political advocacy organization. Their mission, outlined on the organization's website is to "secure equality ...

and

Gay & Lesbian Advocates & Defenders GLBTQ Legal Advocates & Defenders (GLAD) is a non-profit legal rights organization in the United States. The organization works to end discrimination based on sexual orientation, HIV status, and gender identity and expression. The organization p ...

(GLAD) announced plans to place a voter

initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...

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: On July 27, 2012, Secretary of State

Charlie Summers Charles E. Summers Jr. (born December 26, 1959) is an American politician, businessman, and Iraq War veteran. A Republican from the state of Maine, he served as Acting Assistant to the Secretary of Defense for Public Affairs in the Trump Administr ...

released the final wording of the ballot question. The question on the November ballot read: On January 26, 2012, supporters delivered over 105,000 petition signatures for the initiative to the Secretary of State's office, exceeding the minimum of 57,277 required signatures. The Secretary of State announced on February 23 that the office verified 85,216 signatures, qualifying it for the November 2012 ballot. The 2012 campaign to legalize marriage for same-sex couples in Maine was led by a group called Mainers United for Marriage. Several groups had also formed in opposition. On November 6, 2012, in a reversal of the vote three years earlier, Maine became one of the first

s to approve same-sex marriage through a ballot initiative and the fifth

New England New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York to the west and by the Canadian provinces ...

state to legalize same-sex marriage. The results were a reverse of those seen in the 2009 referendum, with 53 percent in favor and 47 percent opposed.

and

voters also approved same-sex marriage the same day. The definition of marriage in the state of Maine is now the following:

Taking effect

The law took effect on December 29, 2012, 30 days after the election results were certified by Governor

on November 29. The 29th being a Saturday, most town and city offices would not be open until Monday, December 31, to issue marriage licenses. However, Augusta and Gardiner announced that they would open with limited hours on the 29th to issue licenses. Brunswick said they would issue licenses from 9 a.m. to noon that day, but by appointment only.

Portland Portland most commonly refers to: * Portland, Oregon, the largest city in the state of Oregon, in the Pacific Northwest region of the United States * Portland, Maine, the largest city in the state of Maine, in the New England region of the northeas ...

announced that they would open City Hall at 12:01 a.m. on the 29th to issue marriage licenses and perform weddings. City spokeswoman Nicole Clegg said that City Hall would be open until 3:01, but that anyone in line before then would be given service. Additionally, Portland and other communities, who planned to be open, stated that any couple who wanted a marriage license that day would be given one, not just same-sex couples. Some municipalities, such as

Farmington Farmington may refer to: Places Canada *Farmington, British Columbia * Farmington, Nova Scotia (disambiguation) United States *Farmington, Arkansas *Farmington, California *Farmington, Connecticut *Farmington, Delaware * Farmington, Georgia * ...

, Lewiston and

Auburn Auburn may refer to: Places Australia * Auburn, New South Wales * City of Auburn, the local government area *Electoral district of Auburn *Auburn, Queensland, a locality in the Western Downs Region *Auburn, South Australia *Auburn, Tasmania *Aub ...

, said they would not open on the 29th, due to little demand in those locations. Some also stated that they could not afford to open, or saw no need to open just because the law was changed. The first same-sex couple to marry were Steven Bridges and Michael Snell, who married at Portland City Hall just after midnight at 12:25 a.m.. More than 40 same-sex couples married in Maine that Saturday, December 29, in at least 10 municipalities: Augusta, Bangor,

Brewer Brewing is the production of beer by steeping a starch source (commonly cereal grains, the most popular of which is barley) in water and fermenting the resulting sweet liquid with yeast. It may be done in a brewery by a commercial brewer, ...

, Brunswick, Falmouth, Freeport, Gardiner, Hallowell, Portland, and South Portland.

Native American nations

State law grants the

Penobscot Nation The Penobscot (Abenaki: ''Pαnawάhpskewi'') are an Indigenous people in North America from the Northeastern Woodlands region. They are organized as a federally recognized tribe in Maine and as a First Nations band government in the Atlantic ...

, the

Passamaquoddy Tribe The Passamaquoddy ( Maliseet-Passamaquoddy: ''Peskotomuhkati'') are a Native American/First Nations people who live in northeastern North America. Their traditional homeland, Peskotomuhkatik'','' straddles the Canadian province of New Brunswick ...

, and the

Houlton Band of Maliseet Indians The Houlton Band of Maliseet Indians of Maine ( pqm, Metaksonekiyak Wolastoqewiyik) is a federally recognized tribe of Maliseet, whose land is along the Meduxnekeag River in Maine. They are headquartered in Littleton, Maine, located in Aro ...

jurisdiction over the marriages and divorces of tribal members. As a result, the state same-sex marriage law does not apply to these tribes, though tribal members may still request a marriage license from their county clerk. It is unclear if same-sex marriage is legal in these tribes. It is also unclear if marriages performed under native custom, known in Maliseet-Passamaquoddy as (), and in

Abenaki The Abenaki (Abenaki: ''Wαpánahki'') are an Indigenous peoples of the Northeastern Woodlands of Canada and the United States. They are an Algonquian-speaking people and part of the Wabanaki Confederacy. The Eastern Abenaki language was predom ...

as (), are recognized as valid on the reservations.

Economic impact

University of California, Los Angeles The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California. UCLA's academic roots were established in 1881 as a teachers college then known as the southern branch of the California St ...

research study from February 2009 estimated that extending marriage to same-sex couples in Maine would have a positive impact on the state's economy and budget. The study found that same-sex weddings and associated tourism would generate $60 million in additional spending in Maine over three years, creating 1,000 new jobs. The state would see an increase of $3.6 million in revenues over the next three years, resulting from increased sales tax revenues of approximately $3.1 million and new marriage license fees of $500,000. In calculating the net benefit to the state, the study approximated that half of Maine's 4,644 same-sex couples, or 2,316 couples, would marry in the first three years that marriage is available to them. The study also estimated that approximately 15,657 same-sex couples from other states would come to Maine to marry.

Marriage statistics

In the twelve months that followed the implementation of same-sex marriage in Maine, a total of 1,530 same-sex couples had married, according to the state's Office of Data, Research and Vital Statistics. This comprised 16% of all marriages recorded in Maine in that time. Marriages between women outpaced marriages between men by a tally of 970 to 560.

Public opinion

{, class="wikitable" , +style="font-size:100%" , Public opinion for same-sex marriage in Maine , - ! style="width:190px;", Poll source ! style="width:200px;", Date(s)
administered ! class=small , Sample
size ! Margin of
error ! style="width:100px;", % support ! style="width:100px;", % opposition ! style="width:40px;", % no opinion , -
Public Religion Research Institute
, align=center
March 8–November 9, 2021
, align=center, ? , align=center, ? , align=center, 75% , align=center, 23% , align=center, 2% , -
Public Religion Research Institute
, align=center
January 7–December 20, 2020
, align=center, 214 random telephone
interviewees , align=center, ? , align=center, 77% , align=center, 22% , align=center, 1% , -
Public Religion Research Institute
, align=center
April 5–December 23, 2017
, align=center, 359 random telephone
interviewees , align=center, ? , align=center, 71% , align=center, 25% , align=center, 4% , -
Public Religion Research Institute
, align=center
May 18, 2016–January 10, 2017
, align=center, 594 random telephone
interviewees , align=center, ? , align=center, 59% , align=center, 32% , align=center, 9% , -
Public Religion Research Institute
, align=center
April 29, 2015–January 7, 2016
, align=center, 460 random telephone
interviewees , align=center, ? , align=center, 56% , align=center, 35% , align=center, 9% , -
New York Times/CBS News/YouGov
, align=center, September 20–October 1, 2014 , align=center, 1,531 likely voters , align=center, ± 2.8% , align=center, 63% , align=center, 27% , align=center, 10% , -
Public Religion Research Institute
, align=center
April 2, 2014–January 4, 2015
, align=center, 300 , align=center, ? , align=center, 63% , align=center, 30% , align=center, 7% , -
Public Policy Polling
, align=center, November 8–11, 2013 , align=center, 964 voters , align=center, ± 3.2% , align=center, 54% , align=center, 37% , align=center, 9% , -
Public Policy Polling
, align=center, August 23–25, 2013 , align=center, 953 registered voters , align=center, ± 3.2% , align=center, 53% , align=center, 38% , align=center, 9% , -
Public Policy Polling
, align=center, January 18–20, 2013 , align=center, 1,268 Maine voters , align=center, ± 2.8% , align=center, 53% , align=center, 43% , align=center, 4% , -
Public Policy Polling
, align=center, November 1–2, 2012 , align=center, 1,633 likely voters , align=center, ± 2.4% , align=center, 53% , align=center, 42% , align=center, 5% , -
Public Policy Polling
, align=center, September 17–18, 2012 , align=center, 804 likely voters , align=center, ± 3.5% , align=center, 52% , align=center, 40% , align=center, 8% , -
Maine People's Resource Center
, align=center, March 31–April 2, 2012 , align=center, 993 registered voters , align=center, ± 3.11% , align=center, 58% , align=center, 40% , align=center, 2% , -
Public Policy Polling
, align=center, March 2–4, 2012 , align=center, 1,256 voters , align=center, ± 2.8% , align=center, 54% , align=center, 41% , align=center, 5% , -
Public Policy Polling
, align=center, October 28–31, 2011 , align=center, 673 voters , align=center, ± 3.8% , align=center, 51% , align=center, 42% , align=center, 8% , -
Goodwin Simon Strategic Research
, align=center, May 18–24, 2011 , align=center, 1,003 likely November 2012 voters , align=center, ± 3.1% , align=center, 53% , align=center, 39% , align=center, 7% , -
Public Policy Polling
, align=center, March 3–6, 2011 , align=center, 1,247 voters , align=center, ± 2.8% , align=center, ''47%'' , align=center, 45% , align=center, 8% , -

Notes

References

{{Same-sex marriage in the United States 2012 in LGBT history

LGBT rights in Maine 2012 in Maine