Experts say the state is still far from the kind of situation raging in Massachusetts.
By Bonnie Washuk
Staff Writer

AUGUSTA – The explosive gay marriage controversy raging in the Massachusetts State House won’t soon happen in Maine, activists on both sides of the issue said.

One reason is the more conservative political atmosphere in Maine, where voters have rejected a milder gay rights law. Such a law is considered a prerequisite to any attempt at legalizing gay marriage.

Another reason, say experts, is Maine that has a “defense of marriage” law, which says marriage must be between a man and a woman.

“This was by citizen initiative, it came to the Legislature, the Legislature already passed that in Maine,” said Senate Majority Leader Sharon Treat, D-Farmingdale. “We don’t have any pending litigation in Maine” challenging the right for a gay couple to marry. “It seems this issue isn’t really a hot issue. It’s already been addressed.”

But some say it is impossible to predict how a Maine court would rule if a gay couple challenged their right to marry under Maine’s Constitution.

And Patricia Peard, who serves on the Maine Council of Gay and Lesbian Defenders, said Maine’s defense of marriage law is a law that could be changed just like any other.

“But we’re not at that place at all,” Peard said. “All citizens who are gay and are being denied the right to marry are hopeful this day will pass and discrimination will end. … But right now I know of no active plan to try to achieve that,” Peard said.

“That’s not on the horizon,” agreed Betsy Smith of Maine Lesbian Gay Political Alliance.

Gay rights supporters say gay citizens and gay families would like the kind of protections that legal marriage offers, such as filing taxes jointly, inheriting property and collecting Social Security or a pension when a partner dies.

But before activists try to legalize same-sex marriage in Maine, they should first achieve a gay rights law protecting people from being fired, evicted or denied credit because of their sexual preference, said Peard. Maine is the only state in New England without that protection.

Smith said she considers a gay rights law a prerequisite to attempting to legalize gay marriages. “We’ve neglected to pass that. The Legislature passed that, but people of Maine have not accepted that,” referring to the 2000 referendum when voters rejected the law.

“So, as much as we would love to have some of the same rights and security for gay families – and eventually it will come – we need to focus on basic civil rights,” said Smith.

Those who oppose gay marriages said if an attempt were made to legalize same-sex marriages, Maine voters would balk. While some may not object to a gay rights law, a gay marriage law would be a much bigger step that would attract protest, predicted Marc Mutty of Maine’s Catholic church.

Given the climate and history of voters, “it would be highly unlikely” a same-sex marriage law would pass, he said. If state legislators were to vote for a gay marriage bill, “a referendum would be launched that very day,” Mutty said, adding that the Catholic church would be among the opposition.

Earlier this month outgoing Catholic Bishop Joseph Gerry warned state lawmakers not to legalize gay marriage, saying political and social pressures are “creating a crisis in the very notion of the family,” and that marriage is being redefined like never before.

When the new bishop, Richard Malone was announced on Tuesday, he too spoke against gay marriages, Mutty said.

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