AUGUSTA – If a preliminary House vote holds and is passed by senators and signed by Gov. John Baldacci, it will be a “dangerous” step toward same-sex marriage in Maine, Maine Catholic Diocese spokesman Marc Mutty warned Monday.

He and Rep. Janet Mills, D-Farmington, said some House members voted for the bill because it was “pro-gay” and lawmakers were reacting to the recent discriminatory behavior of Christian Civic League’s Michael Health.

“Because Michael Heath was a jerk last week, we should all enact this bill? That’s a silly reason to enact a law,” Mills said. “I wish people read the bill.”

Proponents disagreed, saying the charge that lawmakers did not know what they were voting on “is a slap in the face” and critics “are grasping at air,” said House Majority Leader John Richardson, D-Brunswick. “There was no confusion,” he said.

On Friday the House voted 72-60 for LD 1579, which would extend inheritance rights and next-of-kin status to “domestic partners,” which could be gay or straight unmarried couples. Most Republicans object to the bill, most Democrats including the governor support it. Baldacci will sign the bill if it reaches his desk, spokesman Lee Umphrey said, adding it’s a closer step to equal rights for all.

Proponents say the bill, which faces more votes, would establish equality for people faced with the death of their partner. In supporting the bill Friday, House members recognized the issue is “fairness and justice for today’s families,” Rep. Ben Dudley, D-Portland, said in a prepared statement.

Mutty disagreed, saying he was “deeply disappointed” that the bill was passed with no debate. “It’s a controversial issue that is complex in nature,” Mutty said. “This bill equates domestic partner with a spouse. That’s specifically a very dangerous place to go because it sets a precedent in law.”

That same kind of incremental step was used in Massachusetts that led to the high court ruling the state must recognize same-sex marriages, Mutty said.

Some voted for it because “they feared being labeled bigots after what happened with Health,” Mutty said, referring to Michael Heath asking for “tips and rumors” to build a list of gay lawmakers. On March 13 Heath apologized.

Mills, a former district attorney, said she voted against the bill not out of same-sex marriage concerns, but because “it would cause more injustices than it intends to solve.”

Mills offered an example: A 30-year-old mother of two has a girlfriend or boyfriend who lives with her for a year. They buy property or a car or stereo together, then the mother dies in a car crash. “Under this bill the person sharing expenses with her gets all of her estate, not her kids,” Mills said.

The best solution is a will, she said, adding it’s quick and cheap.

Richardson, who is also a lawyer, insisted the bill has safeguards to prevent unintended consequences. Before a surviving partner could benefit, he or she would have had to live with their partner the previous 12 months, own property together and share something like a checking account.

Richardson also pointed out that the bill was carried over from last year.

Betsy Smith of the Maine Lesbian Gay Political Alliance said the bill is intended to help gay couples, Smith said. There have been many cases of people in 10- and 15-year relationships who “are denied access to their own home” after their partner dies. “The surviving partner suffers greatly.”

The bill is expected to be taken up again in the House and then the Senate.

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