Portland Press Herald / Maine Sunday Telegram
Tight vote clouds impact on the battles that lie ahead
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By MATT WICKENHEISER, Staff Writer November 4, 2009

 

As the vote to repeal Maine’s same-sex marriage law slowly pulled ahead early this morning, experts speculated on what happened, and what impact the result could have nationwide.

An electoral victory seemed more and more decisive for the opponents of same-sex marriage, and the losing camp, on a national scale, may be led to change its tactics, suggested John Greene, distinguished professor of political science at the University of Akron and a national expert on same-sex marriage.

“Oftentimes it’s the side that is perceived to have lost that does the most innovating,” Greene said. The voting results may reflect religious shades as well.

The veto effort was primarily supported by the Catholic Church and a network of Christian congregations throughout the state, through funding, effort and organization.

Although opponents of same-sex marriage raised a number of arguments to support their case – including charges that the law would lead to gay marriage being taught in schools – the underlying opposition was religious in nature.

As the vote unfolded, it appeared that opposition resonated with a majority of Mainers.

And the vote may also speak to different stratas in society, suggested Michael Franz, associate professor of government at Bowdoin College.

Maine isn’t the first state to approve same-sex marriage. That distinction is held by Massachusetts, which legalized gay marriage in 2004 after a court decision. Vermont, New Hampshire, Iowa and Connecticut all allow same-sex marriage.

But Maine is the first state to have legalized same-sex marriage through the legislative process and to have it before voters in a general vote.

Courts and legislatures have largely been more supportive of changing marriage laws. In this case, the people overruled that support at the polls.

“(Same-sex marriage supporters) seem to be winning the elite debate – whether it be in the courts or the legislatures –but they haven’t persuaded the base yet,” said Franz, “but they’re getting closer.“It will take a while for the opinion to trickle down.”

Katherine Franke, professor of law at Columbia Law School in New York and director of the school’s Center for Gender and Sexuality Law, suggested that the law being overturned is a sign that activists, legislators and others have to work harder to get support among the base of voters.

“These political movements are always dialectic in nature – one step forward, one or more steps backward,” said Franke. “That’s the nature of the beast; it’s not a bad thing.”

Lawmakers and governors in other states who are on the fence over gay marriage were watching Maine’s election, Franke said.

“They’re watching to see whether the majority in a state like Maine – hardly understood to be radical – can live with this,” she said. “It may affect where people are willing to go in terms of taking risks.”

New Jersey is expected to vote on a gay marriage bill in the next session, and the New York governor anticipates a similar bill to come to his desk for approval in coming weeks. Washington, D.C., is also eyeing a gay-marriage law.

Brian Brown, executive director for the National Organization for Marriage, and Joe Solomnese, president of the Human Rights Campaign, downplayed the actual impact of the Maine vote on other states. Both groups are on opposing sides of the issue. The National Organization for Marriage contributed roughly $1.8 million to Stand for

Marriage Maine, while the Human Rights Campaign gave about $200,000 to No on 1.

While the legalization of same-sex marriage in Massachusetts had a huge impact as the first state, Solomnese said, virtually no one noticed New Hampshire’s law...


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