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Talk about same-sex marriage in Maine tends to rush toward the conclusion: whether they should be legal. The recent announcement of a clergy coalition to draw attention to it – the Religious Coalition for the Freedom to Marry in Maine – has renewed this debate, and drawn the usual opposition.

This fundamental debate, though, can obscure important steps, like establishing the legal recognition in Maine for civil unions or same-sex marriages transacted in other states, like Massachusetts, Vermont and Connecticut.

There is a pressing and apparent need that, if left untouched by lawmakers, could be decided by the courts.

Regardless of opinion on same-sex marriage, it should be agreed this issue is best decided by the Legislature.

Maine statute defines marriage as between a man and a woman and lawful civil unions or same-sex marriages are unrecognized by Maine law. Defining this recognition is a wise pursuit because the courts are already engaged on the issue.

On two occasions so far, dissolution of civil unions required lawsuits to decide. It’s preferable to have statutory recognition of these unions or marriages, rather than let judicial precedent shape this debate case-by-civil-case.

A legal framework already exists, too.

Maine’s domestic partner legislation, which is blind to sexual orientation, outlines the rights and responsibilities for people who live with and depend upon each other. Extending these rights to same-sex couples joined by marriages or civil unions, as part of legal recognition in Maine, seems an important next move.

This could and should be done by lawmakers.

Now, legal recognition of something granted elsewhere will likely neither quiet the call to grant same-sex couples the ability to marry in Maine, nor opposition to it from stalwarts, such as the Roman Catholic Diocese of Portland.

But this issue’s uncertain national status – exemplified by California’s Prop 8 debate – and historical reluctance of Maine’s Legislature to tackle controversial social topics almost guarantees same-sex marriages won’t be here soon.

Yet this doesn’t stop proponents and opponents again clashing on its merits.

That’s what we mean by rushing into this debate. The focus on same-sex marriage obscures what could be done right away. There are citizens joined by legal unions or marriages unrecognized by Maine law.

This is a problem. And protracted debate over same-sex marriage won’t fix it.

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