Maine Sex Laws
http://www.mainelegislature.org/legis/statutes/
Last update: 9/7/2014
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Be it enacted by the People of the State of Maine as follows: Sec. 1. 19-A MRSA §650, as enacted by PL 1997, c. 65, §2, is repealed.
Sec. 2. 19-A MRSA §650-A is enacted to read:
§ 650-A. Codification of marriage
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.
Sec. 3. 19-A MRSA §650-B is enacted to read:
§ 650-B. Recognition of marriage licensed and certified in another jurisdiction
A marriage of a same-sex couple that is validly licensed and certified in another jurisdiction is recognized for all purposes under the laws of this State.
Sec. 4. 19-A MRSA §651, sub-§2, as amended by PL 1997, c. 537, §12 and affected by §62, is further amended to read:
2. Application. The parties wishing to record notice of their intentions of marriage shall submit an application for recording notice of their intentions of marriage. The application may be issued to any 2 persons otherwise qualified under this chapter regardless of the sex of each person. The application must include a signed certification that the information recorded on the application is correct and that the applicant is free to marry according to the laws of this State. The applicant's signature must be acknowledged before an official authorized to take oaths. Applications recording notice of intentions to marry must be open for public inspection in the office of the clerk. When the application is submitted, the applicant shall provide the clerk with the social security numbers of the parties. The application must include a statement that the social security numbers of the parties have been provided to the clerk. The clerk shall record the social security numbers provided by each applicant. The record of the social security numbers is confidential and is not open for public inspection. Sec. 5. 19-A MRSA §655, sub-§3 is enacted to read:
3. Affirmation of religious freedom. 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.[39]
On May 6, 2009, after the Senate gave a final vote on enactment, Governor John Baldacci signed the bill into law.[40] Baldacci became the first governor in the nation to sign a same-sex marriage bill that was not the result of a court decision.[41] Maine became the fifth state in the United States to authorize same-sex marriage. The law shall take effect 90 days after the Legislature adjourns, which would probably put date of effect around September 14, 2009, unless the law is suspended pending a people's veto referendum.[citation needed]
On May 7, 2009, opponents of the law submitted the required paperwork necessary to launch a people's veto campaign, which would put the issue on a statewide ballot in November 2009 or June 2010.[42] To succeed in putting the question on the ballot, they will have to get at least 55,087 valid signatures within 90 days after the adjournment of the Legislature, which is expected to occur in mid-June. The law would then be put on hold until after the statewide vote.[43] The proponents of the people's veto sought to submit signatures earlier, by the first week of August, in order for there to be enough time to hold the veto referendum in November 2009.[44]
On November 3, 2009, the issue was put on a statewide ballot. The following day, it was made official that opponents of same-sex marriage successfully vetoed the legislation.[45]
DOMESTIC PARTNERSHIP laws
Public Laws of Maine, 2003, Chapter 672
Other relationship recognition for same-sex couples : Domestic partnership in Maine.
Other relationships recognition from other jurisdictions for same-sex couples as : Domestic partnership in Maine? Not explicit
2012 initiative
Main article: Maine Question 1, 2012
On June 30, 2011, EqualityMaine and Gay & Lesbian Advocates & Defenders (GLAD) announced plans to place a voter initiative in support of same-sex marriage on Maine's November 2012 ballot.[46][47] The title of the citizen initiative is "An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom", and the text of their proposed ballot question is:[48]
Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?
On July 27, 2012, Secretary of State Charlie Summers released the final wording of the ballot question. The question on the November ballot read:
Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?
On January 26, 2012, supporters delivered over 105,000 petition signatures for the initiative to the Secretary of State's office, exceeding the minimum of 57,277 signatures required for initiatives in the state.[49][50] The Secretary of State announced on February 23 that the office verified 85,216 signatures, qualifying It for the November 2012 ballot.[51]
The 2012 campaign to legalize marriage for same-sex couples in Maine was led by a group called Mainers United for Marriage.[52] Several groups had also formed in opposition.[53]
On November 6, Maine became the first state in the United States to legalize same-sex marriage through a ballot initiative.