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Next entry: Conservative Math Previous entry: In Which I Invite A Shitstorm

Maine Gov. Baldacci signs marriage equality bill

Legal IssuesLGBT

12:45 PM ET: Just moments ago, one of my contributors who is on the ground in Maine, Louise emailed me to say that in minutes a decision was going to be made by Gov. Baldacci as to whether he would sign the marriage equality bill when it hits his desk. She was told to head right away to the governor’s office to get the scoop. We just got the word and it was good news:

Governor Signs LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom

May 6, 2009

AUGUSTA – Governor John E. Baldacci today signed into law LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom.

“I have followed closely the debate on this issue. I have listened to both sides, as they have presented their arguments during the public hearing and on the floor of the Maine Senate and the House of Representatives. I have read many of the notes and letters sent to my office, and I have weighed my decision carefully,” Governor Baldacci said. “I did not come to this decision lightly or in haste.”

“I appreciate the tone brought to this debate by both sides of the issue,” Governor Baldacci said. “This is an emotional issue that touches deeply many of our most important ideals and traditions. There are good, earnest and honest people on both sides of the question.”

“In the past, I opposed gay marriage while supporting the idea of civil unions,” Governor Baldacci said. “I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.”

“Article I in the Maine Constitution states that ‘no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person’s civil rights or be discriminated against.’”

“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State,” Governor Baldacci said.

“It guarantees that Maine citizens will be treated equally under Maine’s civil marriage laws, and that is the responsibility of government.”

“Even as I sign this important legislation into law, I recognize that this may not be the final word,” Governor Baldacci said. “Just as the Maine Constitution demands that all people are treated equally under the law, it also guarantees that the ultimate political power in the State belongs to the people.”

“While the good and just people of Maine may determine this issue, my responsibility is to uphold the Constitution and do, as best as possible, what is right. I believe that signing this legislation is the right thing to do,” Governor Baldacci said.

When Gov. Baldacci spoke with Louise on the phone the other day (he called her at home!), he sounded like he was leaning towards signing, but didn’t say it outright. I give him credit for listening—and thumbs up for Louise taking the bull by the horns with that golden opportunity to lobby for equality. The fundie outrage begins in 5…4…3…2…1

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Posted by Pam Spaulding on 01:47 PM • (38) Comments

Uh, I think your clock is off by an hour.  It’s not 1:45 EDT yet.

But,

Yayyy!!!!

Comment #1: jason l  on  05/06  at  02:02 PM

This is wonderful news.

Comment #2: kaninchen  on  05/06  at  02:06 PM

Note to our homo-bigot trolls: You’re losing.

Comment #3: Gracchus.  on  05/06  at  02:10 PM

Awesome.  This is a trend that needs to keep on building

Comment #4: Ian  on  05/06  at  02:10 PM

This day really is full of win.

Comment #5: Caren-Sun-blocking Creator of Animorphic Pancakes  on  05/06  at  02:13 PM

Way to go Maine!!

Comment #6: Mark  on  05/06  at  02:14 PM

Fantastic! Okay, back to work. Let’s all press our friends and neighbors in our nations capitol to start working harder to make gay marriage legal there. It’s not enough that marriages performed in other states are now legal, though that is a good start. Unfortunately, Congress gets oversight on all of DC’s laws so the time to push for gay marriage in DC is right now while there are Democratic majorities.

Comment #7: DC Fem  on  05/06  at  02:16 PM

Who said the “Domino Theory” was wrong?

I’m going to say it before somebody else does:  “As Maine goes, so goes the Nation.”

Comment #8: Magis  on  05/06  at  02:33 PM

Uh, I think your clock is off by an hour.  It’s not 1:45 EDT yet.

Nah, just left off the 2 in the mad dash…

Next up is NH, where Gov. Lynch has stated in the past that he opposes marriage equality.

Comment #9: Pam Spaulding  on  05/06  at  02:35 PM

“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State,” Governor Baldacci said.

This is the most important thing.  I just wish the fundies would understand this one simple point.

Anyway, I’m glad that Maine is standing for religious freedom for all the churches and other religious groups that want the right marry same sex couples.

Comment #10: bananacat  on  05/06  at  02:37 PM

Hooray!  I just called my darling TRex to tell him the good news.  Now I will call my opposite husband, heh.

Seriously, thank you, Maine.  I wonder how long until Florida gets it?  What a wonderful development that would be.

Comment #11: litbrit  on  05/06  at  02:37 PM

Reactions…

Victory Fund:

“I’m especially proud of Maine’s openly gay state legislators, who stood before their colleagues and asked to be treated equally.  Their powerful and heartfelt speeches helped people understand what is at stake when we exclude certain families from the protections and benefits afforded by civil marriage,” said Chuck Wolfe, president and CEO of the Victory Fund.

Maine’s three out state lawmakers are Sen. Larry Bliss, Rep. Terry Morrison and Rep. Jim Martin.

Freedom to Marry:

“Throughout weeks of conversations, constituent visits, town halls, and hearings, Maine legislators carefully listened to the stories of families, neighbors, businesses, and professional groups from around the state, and then democratically voted to end the denial of marriage that unfairly harmed gay Mainers and served no legitimate purpose,” said Evan Wolfson, executive director of Freedom to Marry and author of Why Marriage Matters: America, Equality and Gay People’s Right to Marry.  “Couples that have made a personal commitment in life deserve an equal commitment under the law—and in Maine, that’s called marriage.”

Unless anti-gay forces take action, committed same-sex couples in Maine will be able to start getting married 90 days after adjournment of the legislative session, expected around the end of June.  Opponents of equality are threatening to spend millions of dollars to gather signatures and mount an attack campaign to put a referendum on the November ballot.

“The fight is not over in Maine,” Wolfson said.  “To avoid a Prop 8-type assault in Maine, all who believe in fairness and equality under the law must take action now and over the next several months to ensure that the people in Maine get the information they need to reject the deceptive, anti-gay campaign we are likely to see mounted.”

But, as one of my readers noted, the good news is tempered by the promise by the homophobes to put civil rights on the ballot…

This is great news. But we will now face the biggest fight since Prop 8. The anti-gays will now use the “People’s Veto” process. In the past 14 years, they have won 2 of those and lost 2 of these referenda.

1995: Failed to pass Colorado-style anti-gay initiative barring all gay rights laws prospectively

1997: Successfully repealed the state gay rights law

2000: Again successfully repealed the latest gay rights law passed by the legislature

2005: Failed to repeal the third gay rights law passed by the legislature

The marriage law will definitely get on the ballot and it will be a big fight. If we lose, it will take the wind out of our momentum. If we win, it will mean a corner has been turned. Prepare to open your wallets.

BTW, PHB readers should know that this time around, the main anti-gay effort will be a Catholic Church/Mormon operation, with an assist from NOM.  The 4 referenda above were led by Mr. Michael Heath of what is now called the Maine Family Policy Council.  There is a schism b/t Heath and the Catholics.  Heath is again heading his own effort to do a People’s Veto, but the real action is with a group called the Maine Marriage Initiative, a Catholic/Mormon-led outfit.

Comment #12: Pam Spaulding  on  05/06  at  02:44 PM

  “This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State,” Governor Baldacci said.

<blockqutoe>This is the most important thing.  I just wish the fundies would understand this one simple point. </blockquote>

Oh, they understand it just fine.  That part where it says “Instead it reaffirms the separation of Church and State”?  That’s part of why the fundamentalists hate gay marriage.  It is a giant neon flashing sign that says “We Are Not A Christian Nation” and they hates it.

Comment #13: NonyNony  on  05/06  at  02:44 PM

Yea! Fantastic news.

Watching NH’s House session. HB436 should come up shortly: http://gencourt.state.nh.us/house/media/HouseLivevideo.asx

Comment #14: teac  on  05/06  at  02:46 PM

This is pretty damn cool. I’m surprised and awed at how fast the changes are coming. After the Prop 8 fiasco, I thoughts the gay marriage movement would be set back by years. Glad I was wrong.

Comment #15: Vincent N  on  05/06  at  03:22 PM

I can only hope this domino effect also tips dominos for the California Supreme Court weighing in on Prop 8 this month.

When I last read up on it, the assessment was that the judge’s questions indicated they were going to uphold Prop 8ate.

And were apparently more swayed by the arguments of the smooth-talking (and more experienced) slime merchant for Prop 8, then the less experienced lawyer from the anti-group.

But the below gives me hope:

“A recent blog posting by Kate Kendell, Executive Director of the Center for Lesbian Rights, noted that she now thought a ruling invalidating Proposition 8 is now more plausible than one upholding it. The ruling on the validity of the measure is due from the California Supreme Court by June 3…

It’s now been over two months since the justices heard oral arguments in the Proposition 8 case, without any ruling so far. If the justices were leaning towards upholding Proposition 8, it would have been a simple ruling. The main arguments and prior case laws were already laid out by the proponents of the Proposition in their briefs.

The extended amount of time that it has taken to draft the opinion would seem to indicate a much broader opinion, which would seemingly bode well for those against the proposition. As I noted in a previous article, it’s also possible that the justices could uphold the measure and instruct the legislature to come up with a new term for marriage. This would harmonize the Constitution’s requirement for equal protection with the strict interpretation of the wording of Proposition 8. This was a suggestion brought up a number of times by the justices during oral arguments, and would necessarily require a more in depth opinion from the court.”

http://www.gather.com/viewArticle.jsp?articleId=281474977673561&grpId=3659174697244816&nav=Groupspac

Well, if the California Supreme Court needs to resort to semantics to keep from looking like they’re behind history, that’s A-okay with me—and would be a nice slap at the far right who try to disguise their bigotry with a smokescreeen claiming it’s all about the word “marriage.”

Comment #16: judybrowni  on  05/06  at  03:24 PM

I went to high school in rural Maine in the early 90’s, and if you’d told me then that this bill would be signed less than 20 years later, I’d have accused you of being high.  This is wonderful.

Comment #17: Yawgmoth  on  05/06  at  03:27 PM

I’m actually somewhat surprised because I’ve noticed a huge upswing in NOM advertising in the past week.  Deliciously, they are now advertising on my favorite lolcat site, apparently with no sense of irony.  I’ve also seen a bunch of commercials and I had never seen them locally before.  I’m just amazed that the various organizations can get so much money for advertising.

Comment #18: bananacat  on  05/06  at  04:04 PM

Kate knows not whence she speaks.

This, for example, is a preposterous assertion: “The extended amount of time that it has taken to draft the opinion would seem to indicate a much broader opinion [. . . . .]”

What “extended amount of time”? Some courts can take over a year to release their opinions. CA’s supreme court heard oral arguments only two months ago - not an extended amount of time by any stretch of judicial time. Further, the court’s opinion must be released within 90 days of oral arguments as mandated by the state constitution (otherwise, the justices work without pay for each day beyond 90). So expect it by June 3.

Now to the second part of her assertion, that there might be “a much broader opinion”. Nope, not necessarily - the justices have other cases before them, perhaps that’s what is taking time, that they are working on more than one opinion.

Now, as for other states’ recent actions pro-marriage equality, again Kate misleads/misreads. The CA court will decide based on the questions before it, and is purely a matter of state constitutional procedure.

She’s not helping.

As much as I want, in part for purely personal reasons, the court to overturn Prop 8 (my wife and I married in August), I do not believe the decision will go in our favor - on any front. So much so that I think our marriage will be nullified.

Comment #19: teac  on  05/06  at  04:06 PM

I too tend to think that the CA Supremes will uphold Prop 8, but I also think they won’t strike down existing marriages. I think too many due process claims would be generated from that. I could be wrong, but such a decision would cause a great deal of confusion as some gay marriages would then be more legal than others. But I want confusion and Prop 8 supporters realizing they haven’t completely won. Otherwise, if the issue isn’t right in front of them, people will just move on and forget.

Comment #20: Vincent N  on  05/06  at  04:37 PM

Five states now. I honestly would not have believed even I quite recent years that I would live to see this day. I’m glad I did.

I hope the momentum is now too great to be halted.

Comment #21: Steve LaBonne  on  05/06  at  05:05 PM

One more rubber tree—WHAM.  We’ll have the whole grove cleared eventually.

http://www.youtube.com/watch?v=9wq923f7HD8&feature=PlayList&p=96C5C61C14AB4877&index=0

Comment #22: Dr. Psycho  on  05/06  at  05:16 PM

You can almost feel the wind go out of their sails.  The America they are trying to save, never existed.  They are the proverbial whipped cur by this point.  It must be hard.  They pray vigorously, they tithe on Sunday.  They believe so hard, and wishing makes it so….doesn’t it?

The fundies time in the sun has been brief, as history goes.  They were let out from under their rocks for the Evolution debate; which they lost; which they are still fighting.  The found life in the school prayer issue; which they lost; which they are still fighting. They lost the segregation wars; which even they have given up on. Then there was the flouride fight and the commie fellow traveler fight and finally, abortion.  All losers.  The gay rights thing is their final fight; it is the last ditch, literally. If you can’t hate queers; who can you hate?  But a few brief glimmering months ago it looked like they were going to win one, finally.  They were going to be RELEVANT!  Alas, it is not to be.  History is moving on once again.  One more long and painful step toward fulfilling the Founder’s dream.

Comment #23: Magis  on  05/06  at  05:29 PM

Wow…that is awesome.  And yes, hurray for Louise for lobbying Gov. Baldacci, and hurray for the Governor for listening.

Comment #24: TomHilton  on  05/06  at  05:30 PM

Bwhahaha!  The end is near!

When do we get around to the heterosexual marriage bans and mandatory abortions?  That’s up next, right?

Comment #25: Zifnab  on  05/06  at  05:47 PM

You can almost feel the wind go out of their sails.  The America they are trying to save, never existed.

Sadly, I have to disagree.  This will make them lash out even more and have constant temper-tantrums, which is why I’m suddenly seeing a lot of commercials from NOM.  They won’t win, of course, but they will continue to shout and complain.  They will not just fade away.  Things like evolution and abortion certainly aren’t a clear-cut loss for them either.  Even though most schools support teaching of science in science classes, they have had limited success in getting intelligent design into schools and textbooks.  They continue to push for abortion restriction, and even successfully banned it in South Dakota for awhile.  They’re fighting losing battles, but we still shouldn’t consider them harmless.  Just look at the effect of abstinence-only education.  And once they lose the gay marriage thing, I’m positive that they will find some other issue to fight about.

Comment #26: bananacat  on  05/06  at  05:50 PM

“I’m just amazed that the various organizations can get so much money for advertising.”

Not so amazing, just follow the money on Prop 8—I’ve read speculation on a couple of progressive blogs that NOM is being bankrolled by the Mormons, who apparently have many more millions to burn on gay marriage.

Comment #27: judybrowni  on  05/06  at  06:16 PM

The fundie outrage begins in 5…4…3…2…1

What is best in life?

To crush your enemies, see their agenda driven before you, and to hear the lamentation of their pundits…

Comment #28: Phoenician in a time of Romans  on  05/06  at  06:16 PM

Might soon be six!

New Hampshire leg just approved….if you’re in that state, contact Governor Lynch!!!!!!!!!!!!!

Comment #29: MAJeff, the God of Biscuits  on  05/06  at  06:29 PM

I’m thrilled at all the states that are pushing forward with this. I wonder how douchey California feels right now that they could have been on this Civil Rights Partywagon and they chose to give the LDS a reacharound instead.

Comment #30: Mighty Ponygirl  on  05/06  at  06:43 PM

Five down, 45 to go. C’mon, New Hampshire!

Comment #31: Dan, Grand High Emperor of Bananas Foster  on  05/06  at  06:48 PM

I’m thrilled at all the states that are pushing forward with this. I wonder how douchey California feels right now that they could have been on this Civil Rights Partywagon and they chose to give the LDS a reacharound instead.

Speaking as a Californian, pretty damn douchey.  Sigh!

Oh well, kudos to Maine for getting this one right!  The struggle continues out here.

Comment #32: Captain Bathrobe  on  05/06  at  07:09 PM

Does anyone know if Maine’s law is 1/2 or 2/3 vote to approve an amendment? If it’s 1/2, how about we go get 55,000 signatures to put on the ballot that there should be 2/3 vote to take anyone’s rights away? That would be really cool.

It’s just so freaking cruel to make us have to go through this amendment process and wait to get married, when we know the bill was just signed and is ready to go. Torture, thy name is the amendment process. Who thought it would be a good idea anyway to be able to vote on other people’s rights? Good Lord.

Comment #33: acoolerclimate  on  05/06  at  08:00 PM

YAY!
I hope everyone has some nice lobstah to celebrate!

Or whoopie pies!

Comment #34: Danica Lefse Queen  on  05/06  at  08:11 PM

Yay Maine!

And… what happened to Pandagon—? It was down all day.

Comment #35: Yamara  on  05/07  at  05:12 PM

Sadly, it seems NOM is no longer advertising on my favorite lolcats site.  I haven’t seen any of their ads all day.  Well, it was fun while it lasted.  I wonder if they stopped because they noticed the irony, or just didn’t want to spend any more money there.

Comment #36: bananacat  on  05/07  at  05:26 PM

the site was down since at least 1am… i am glad it is back and i now get to read this - if i only got to read one post (which is all i have time for right now) i am *SO!* *GLAD!* it was this one!

i am a transplanted Californian - i sent money to the “No H8” campaigns, i cried bitterly when prop8 was passed and my cousin had to cancel his wedding.

maybe, maybe, despite naysayers, CA’s Supreme Court will look around and *see*, and decide properly!!! oh i hope!

and i *REALLY* hope that here in Ohio, we can repeal our never-to-be-suffeciently-damned DOMA. i worked *so* hard against it. i think what happened here is the same thing that happen, at least in part, in CA - many of the people who were approached to sign petitions and urged to vote were told things like “people are trying to take marriage away, make marriage not valid at all - if you don’t sign this/vote how we tell you, soon you will see your marriage made not valid” - and many of these people were people who never read the newspaper or watch the news, had no clue that there was any sort of initive for gay marriage (and one of the told me after the DOMA had passed “i didn’t know thats what it was! they lied to me, i would never have voted for that if i had known”) and a good chunk of them did not use English as a first language, so didn’t even understand all they were told.

i think if it went back to a vote in CA, we might win. we lost by so little! (and i still wonder about that…)

Comment #37: denelian  on  05/07  at  05:42 PM

Didn’t the SCOTUS cite international laws about something, possibly capital punishment, to the ire of the Reichwing a few years ago?
Seems like The CA SC could refer to other states’ insistence on this being a human and civil rights issue.
Also, what about the Full Faith & Credit Clause. I should think it should be impossible for any state to break a contract simply because it was made in another state with different rules.

And I agree, Denelian, I think we could win if it came to vote again. For one thing, I’m sure I’d push harder. I thought Gay Marriage was a settled thing, and H8 was a temper tantrum that would go nowhere. I thought my father would vote against 8, but his more conservative sister spent a lot of time with him before the election, as they’d lost their mother, and I think she may have tilted his decision backwards.

Comment #38: Samantha Vimes  on  05/08  at  06:41 AM

“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State,” Governor Baldacci said.

“It guarantees that Maine citizens will be treated equally under Maine’s civil marriage laws, and that is the responsibility of government.”

Everyone’s quoting it. It is the money quote. But I think that last sentence is so important. Ensuring that citizens are treated equally is the responsibility of government.

Comment #39: chingona  on  05/08  at  10:46 AM
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