When voters last November overturned the Maine law allowing same-sex couples to legally marry, they dealt a dispiriting blow to gay rights advocates.

It was their third such defeat since 1995. Prior to 2009, Maine voters rejected proposals in 1995 and 2000 designed to prevent discrimination based on sexual orientation. Opponents of those bills said the legislation was the first step to redefining “traditional marriage.”

Given that history, it might seem like gay marriage is unlikely to be considered by Mainers in the foreseeable future. 

But same-sex marriage supporters were heartened by an August ruling by a California U.S. District Court judge that said that state’s ban on gay marriage was unconstitutional.

The ruling could pave the way for a Supreme Court decision, which could then be used to establish precedent for other states to argue same-sex marriage is protected by the 14th Amendment.

The issue is also playing a role in some legislative races.

According to reports in the Bangor Daily News and the Maine Public Broadcasting Network, the National Organization for Marriage, which spent more than $2 million helping to overturn Maine’s gay marriage law, is targeting incumbent legislators who supported the bill.

Currently, five other states have legalized gay marriage: Iowa, Massachusetts, Vermont, New Hampshire and Connecticut. All did so through legislation or court rulings, not by popular vote.

Constitutional amendments banning gay marriage have been approved in all 30 states where they have been on the ballot.

Eliot Cutler, 64, independent

Cutler said he voted to support Maine’s marriage equality law in 2009, and he continues to support it now. 

John Jenkins, 58, independent

Jenkins said he supports gay marriage. However, he wouldn’t “use the hammer of government” to ram it down people’s throats.

“People who get married are serious,” he said. “I’m amazed when people say that (gay marriage) is a threat to the institution of marriage. I say things like domestic violence is more of a threat to the institution than gay marriage.”

Paul LePage, 61, Republican

In this and interviews elsewhere, LePage has said he would put the issue of gay marriage to the voters.

If such a bill came through the Legislature, as it did in 2009, he said he would veto it.

“The people of the state of Maine have said no,” he said. “(Gov. John Baldacci) passed something after they said no, so the people went back and repealed it again. I think it’s my job to honor the wishes of the people of Maine.”

LePage said he didn’t have a personal stance on the issue.

“I have brothers who are gay and I’m closer to them than some that aren’t,” he said. “I have a lot of friends that have been gay. Each to their own. People do what they want to do.”

Libby Mitchell, 70, Democrat

Mitchell said she supports marriage equality.

“I always support equality and civil liberties,” she said.

She said that no church or religious organization is required to accept gay marriage.

She added that civil unions aren’t the same as marriage because so many laws and regulations would have to be changed to make the two arrangements equal.

“It’s a matter of human dignity,” Mitchell said.

Shawn Moody, 51, independent

Moody believes that gay marriage is inevitable.

“I’m quite confident it’s a generational issue,” Moody said. “They become more socially accepting as time moves on.”

But Moody doesn’t think the matter should be handled through legislation.

“Maine has set the precedent that they don’t want (gay marriage) decided by the Legislature,” Moody said. “As governor, I wouldn’t promote my own personal beliefs, but I would certainly be sensitive to the will of the voters.”

Kevin Scott, 42, independent

Scott said his position on gay marriage would be determined by the will of voters.

“The people of Maine voted not to allow gay marriage,” he said. “That’s where I am. When they vote to allow gay marriage, that’s where I am.”

Scott said he would fight discrimination against homosexuals. However, he isn’t “into redefining marriage.”

Tomorrow: Business growth in Maine — development vs. regulation

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