Focus on… Question 1

Editor’s note: Through this week we are providing the list of ballot questions, a bit of background and explanation for the Tuesday, Nov. 3 statewide election. This page focuses on Question 1.

Question 1: An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom

Type of question: People’s veto – this referendum question attempts to remove a law passed by the Maine State Legislature earlier this year. If the majority of voters cast “yes” votes, the law would be repealed.
Proposed by: Robert Emrich, Plymouth, and Joan Carol McKitrick, Eliot.
Wording on ballot: “Do you want to reject the new law that lets same-sex couples marry and allows individuals and religious groups to refuse to perform these marriages?”

What it does: On May 6, 2009, Governor John Baldacci signed LD 1020 into law, entitled “An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom.” The law altered 19-A MRSA §650-A, “The Codification of Marriage,” to read:

Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital  relationship or familial relationships, including, but not limited to, “spouse,” “family,” “marriage,” “immediate family,” “dependent,” “next of kin,” “bride,” “groom,” “husband,” “wife,” “widow” and “widower,” must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law. 

The change also modified other parts of the law to make same-sex marriages legal. Marriage licenses could be issued to “2 persons otherwise qualified under this chapter regardless of the sex of each person” rather than a man and woman. LD 1020 also instructs officials that “validly licensed and certified” same-sex marriages from other jurisdictions would be recognized in Maine.

LD 1020 also includes a new sub-section in 19-A MRSA §655, sub-§3, titled “Affirmation of religious freedom.” This reads:

This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution’s religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith’s tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.

An effort to oppose the law’s passage garnered enough signatures of registered Maine voters by Sept. 2 to affect a stay on the proposed law until Maine’s voters make the final decision at the polls on Nov. 3.

Supporters/Opposition: The various groups in favor of the veto, and therefore opposed to LD 1020, are represented by Stand for Marriage Maine. The various groups opposed to the veto, and therefore in favor of LD 1020, are represented by Protect Maine Equality.

The complete listing of questions for the Nov. 3 election, in order, appears below.

Question 1 (People’s Veto Question): “Do you want to reject the new law that lets same-sex couples marry and allows individuals and religious groups to refuse to perform these marriages?”

Question 2 (Citizen Initiative): “Do you want to cut the rate of the municipal excise tax by an average of 55% on motor vehicles less than six years old and exempt hybrid and other alternative-energy and highly fuel-efficient motor vehicles from sales tax and three years of excise tax?”

Question 3 (Citizen Initiative): “Do you want to repeal the 2007 law on school district consolidation and restore the laws previously in effect?”

Question 4 (Citizen Initiative): “Do you want to change the existing formulas that limit state and local government spending and require voter approval by referendum for spending over those limits and for increases in state taxes?”

Question 5 (Citizen Initiative): “Do you want to change the medical marijuana laws to allow treatment of more medical conditions and to create a regulated system of distribution?”

Question 6 (Bond Issue): “Do you favor a $71,250,000 bond issue for improvements to highways and bridges, airports, public transit facilities, ferry and port facilities, including port and harbor structures, as well as funds for the LifeFlight Foundation that will make the State eligible for over $148,000,000 in federal and other matching funds?”

Question 7 (Constitutional Question): “Do you favor amending the Constitution of Maine to increase the amount of time that local officials have to certify the signatures on direct initiative petitions?”