Issue Date: November 05, 2009

2009 Elections:
Maine Voters Reject Gay Marriage Law; Other Developments

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Voters in Maine November 3 approved a ballot initiative to repeal a state law that would have allowed same-sex couples to marry. The measure was approved with 53% of the vote. The enactment of the law in May had made Maine the fifth state to legalize gay marriage, but the change was suspended while conservatives campaigned to put the issue to a referendum. [See 2009 Civil Rights: Gay Rights March Held in Washington, D.C.; Other Developments; 2009 Civil Rights: Maine Legalizes Gay Marriage; Other Developments]

The law's rejection by voters made Maine the 31st state to bar gay marriage in a referendum. The outcome so far had been the same in every state where the issue had been put to a popular vote. The five other states that had legalized gay marriage--Massachusetts, Vermont, New Hampshire, Connecticut and Iowa--had all done so either by court rulings or legislation.

The National Organization for Marriage, a conservative group, spent about $1 million to rally opposition to the Maine law. In 2008, the group had led a successful referendum campaign in California to overturn a ruling by the state Supreme Court legalizing gay marriage.

But gay marriage supporters had a major financing advantage in the Maine referendum campaign, as well as the backing of Governor John Baldacci (D), who had signed the law.

Meanwhile, in Washington State, voters appeared to have approved a measure upholding a new domestic partnership law that granted same-sex couples all of the same rights as married couples. With votes still being counted, the measure had nearly 52%. Governor Christine Gregoire (D) had signed the law in May.

Other Results

In other notable ballot initiatives:

• Voters in Maine approved a measure to allow medical marijuana dispensaries, becoming the fifth state to do so, along with California, Colorado, New Mexico and Rhode Island. [See 2009 Medicine and Health: Prosecution of Medical Marijuana Eased]
• Ohio voters approved a measure to allow casinos in the cities of Cincinnati, Cleveland, Columbus and Toledo. Backers of the measure, approved by about 53% of the vote, said it would raise $650 million in annual revenue for the state, local governments and school districts.