Maine Question 1, 2009

Maine Question 1 was a voter referendum conducted in Maine in 2009 that rejected a bill legalizing same-sex marriage in the state. The measure passed 53%–47% on November 3, 2009.

The outcome of the referendum was reversed by Maine voters three years later when voters approved Maine Question 1, 2012, which legalized same-sex marriage in the state again.

Legislation

In January 2009, a bill to allow same-sex couples to legally marry in Maine was introduced in the Maine Legislature. On April 30, 2009, the Senate rejected an amendment to put the issue up for a voter referendum 22–13 and passed the bill 21–14. On May 5, 2009, the Maine House of Representatives passed the bill 89–57, and on the following day, Gov. John Baldacci signed the bill into law to take effect 90 days thereafter.

Ballot question efforts

On May 7, 2009, opponents of the law filed the necessary paperwork to launch a campaign to put the law up for a vote in the November elections, giving them until 90 days after the legislature adjourned to collect at least 55,087 valid signatures to put the measure on the ballot. In June 2009, Stand for Marriage Maine, the coalition group leading the veto effort, announced it had hired Schubert Flint Public Affairs, which had worked on the Proposition 8 effort in California, to handle public relations for the veto effort. In July 2009, No on 1/Protect Maine Equality was formed to oppose the veto. On September 2, 2009, the Secretary of State of Maine verified that the opponents had submitted a sufficient number of valid signatures and certified the ballot question for November.

Polling

Question 1 asked: "Do you want to reject the new law that lets same-sex couples marry and allows individuals and religious groups to refuse to perform these marriages?"

• A Yes vote takes away the ability of same-sex couples to marry.
• A No vote keeps the ability of same-sex couples to marry.

Date of opinion poll	Conducted by	Sample size (likely voters)	Yes	No	Undecided	Margin of Error
14–16 September 2009	Research 2000	600	48%	46%	6%	±4.0%
23–27 September 2009	Democracy Corps	800	41%	50%	9%	±3.5%
30 September – 7 October 2009	Pan Atlantic	401	42.9%	51.8%	5.3%	±4.9%
16–19 October 2009	Public Policy Polling	1130	48%	48%	4%	±2.9%
20–22 October 2009	Pan Atlantic	400	42%	53%	4%	±4.9%
26–28 October 2009	Research 2000	600	47%	48%	5%	±4.0%
31 October – 1 November 2009	Public Policy Polling	1133	51%	47%	2%	±2.9%

Voting results

The question posed on the ballot was, "Do you want to reject the new law that lets same-sex couples marry and allows individuals and religious groups to refuse to perform these marriages?" A vote of "Yes" would repeal the law, while a vote of "No" would uphold the law. The vote was held on November 3, 2009.

Question 1: People's Veto An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom
Choice	Votes	%
Yes	300,848	52.9
No	267,828	47.1
Total votes	568,676	100.00

Post-election

Just after midnight on election night, consultant Frank Schubert of Stand for Marriage Maine declared, "The institution of marriage has been protected in Maine and across this nation." The No on 1/Protect Maine Equality campaign conceded defeat two hours later. Supporters of same-sex marriage pledged to continue the fight, while opponents said they would work to introduce a constitutional amendment to keep marriage between one man and one woman.

A legal battle continued as the Maine Commission on Governmental Ethics and Election Practices attempts to force the National Organization for Marriage to respond to subpoenas for the names of its donors in connection with the referendum. The Commission has won consistently in both state and federal courts, most recently on May 29, 2013. On August 4, 2015, the Maine Supreme Judicial Court denied an attempt by the National Organization for Marriage for a stay on releasing the list while its case against a prior Ethics Commission ruling was pending. On August 24, the Donors list was released. Donations were as follows:

Contributor	Total Contribution
Sean Fieler	$1,250,000
John Templeton	$300,000
Terry Caster	$300,000
Knights of Columbus	$140,000
Richard Kurtz	$50,000
Benjamin Brown	$200
Unitemized (less that $100 each)	$5,279

See also

• Maine Question 1, 2012
• Same-sex marriage in Maine
• Same-sex marriage in the United States

External links

• Bureau of Corporations, Elections and Commissions - November 3, 2009 General Election Tabulations
• No on 1/Protect Maine Equality (campaign in favor of marriage for same-sex couples and against changing Maine's current marriage statute, supports a No vote on the ballot)
• Stand For Marriage Maine (campaign against marriage for same-sex couples and in favor of changing Maine's current marriage statute, supports a Yes vote on the ballot)
• Televised debate between the "Yes on 1" and "No on 1" campaigns