Close Call on Maine Gay Marriage Ban

PORTLAND, Maine -- Gay-marriage opponents are claiming victory in a closely watched referendum in Maine on a new state law that would have allowed same-sex couples to wed.

The law in question was passed by the legislature in May but never took effect because of a petition drive by conservatives.

With more than 84 percent of precincts reporting Tuesday, the side seeking to repeal the law had 53 percent of the vote. Their campaign organizer, Frank Schubert, claimed victory and declared that Maine voters had helped preserve the institution of marriage.

Gay-marriage supporters refused to concede, holding out hope that that the tide might turn as the final returns came in. They had been hoping Maine would become the first state to approve same-sex marriage at the ballot box.

A vote to uphold the law would mark the first time that the electorate in any state endorsed gay marriage. That could energize activists nationwide and blunt conservative claims that same-sex marriage is being foisted on states by judges or lawmakers over the will of the public.

However, repeal -- in New England, the region of the country most supportive of gay couples -- would be another heartbreaking defeat for the marriage-equality movement, following the vote against gay marriage in California a year ago.

It would also mark the first time voters had torpedoed a gay-marriage law enacted by a legislature. When Californians rejected same-sex marriage, it was in response to a court ruling, not legislation.

Maine's Secretary of State, Matthew Dunlap, said turnout seemed higher than expected for an off-year election and voter interest appeared intense. Even before Tuesday, more than 100,000 people -- out of about 1 million registered voters -- had voted by absentee ballot or early voting.

Five other states have legalized gay marriage - Iowa, Massachusetts, Vermont, New Hampshire and Connecticut - but all did so through legislation or court rulings, not by popular vote. In contrast, constitutional amendments banning gay marriage have been approved in all 30 states where they have been on the ballot.

"If we don't win, then Maine will have its place in infamy because no state has ever voted for homosexual marriage," said Chuck Schott of Portland, who stood near a polling place in Maine's biggest city with a pro-repeal campaign sign.

Another Portland resident, Sarah Holman said she was "very torn" but decided -- despite her conservative upbringing -- to vote in favor of letting gays marry.

"They love and they have the right to love. And we can't tell somebody how to love," said Holman, 26.

Both sides in Maine drew volunteers and contributions from out of state, but the money edge went to the campaign in defense of gay marriage, Protect Maine Equality. It raised $4 million, compared with $2.5 million for Stand for Marriage Maine.