Love and Marriage, Law and Reality

Maine is a politically quirky state, to say the least.

It has elected, for instance, two independent governors in modern history. James B. Longley Sr. served from 1975 to 1979 and Angus King was elected to the first of two four-year terms in 1994. Some political observers see electing independents or middle-of-the-road Democrats and Republicans as the wave of the future. If so, the people in Maine can claim to have been ahead of times electing its independent governors.

There were many national political observers who believed the state would be "quirky" once again with a ballot issue on Nov. 3. But results on the highly controversial same-sex marriage law in Maine, however, indicate the state is not as progressive as some might want to believe.

An historic bill legalizing same-sex marriage, passed by both state houses and signed into law by Democratic Gov. John Baldacci earlier this year. It went down to defeat Nov. 3 by a margin of 52 percent to 48 percent.

A proposal to rescind the law had reached the ballot after opponents gathered enough signatures to prevent it from becoming law before being placed before the voters.

As late as four days prior the vote there were poll numbers suggesting the law would be approved by the same margin of its defeat: 52 percent to 48 percent. Well, the poll's margin was correct even if its predicted outcome was reversed.

Maine's vote totals, in fact, show that its voters' sentiments mirror those in the country.

The 48 percent who voted to preserve the newly signed law matches poll results which indicate national support for same-sex marriage hovers just under 50 percent.

The number of persons who approve of legalizing marriage for homosexual couples has grown over the past decade as the number of those opposed has steadily decreased.

It would be safe to argue that tide will continue to turn with the passage of time but in Maine the tide of popular opinion is still out.

As might be expected, the fight over this ballot question turned nasty quickly. Those who wanted the bill repealed resorted to scare tactics about children being taught explicit lessons on homosexual sex. Some of those in favor of the law referred to their opponents as bigots.

Frightening voters would appear to be more effective than name-calling. My newspaper took a strong stand on the issue. It's safe to say the scare tactics did not work with us.

I sit on the editorial board of Maine's largest daily and Sunday newspapers -- The Portland Press Herald and Maine Sunday Telegram. My company owns these and two other daily and Sunday newspapers in the state.

Our board voted 6-1 endorsing the same-sex marriage law. Even though the voting results indicate we are out of step with many of our readers, I believe our board vote -- if held today -- would be the same. This issue will not go away because of a ballot question.

Over time our editorial endorsement will ring true and prove prophetic. Here is what we said:

"Sometimes the law has to move quickly to keep up with a reality that has changed slowly over time.

"Leaders of the people's veto campaign argue that extending the rights and responsibilities of civil marriage to families headed by same-sex couples would have broad affects throughout the society.

"We have listened to their arguments, but we just don't buy them. While it's technically true that the law would change the wording of the definition of marriage in state statute, it would not change the conditions of marriage as they exist in Maine for thousands of traditional couples. Those bonds would not be any less strong if same-sex couples were allowed to take them. Marriage would remain the key foundation for creating families, with the rights and responsibilities that come with it spelled out in the law, whether those families are headed by same- or opposite-sex couples."

Other states are already facing this issue. It will not vanish. There are many who believe this is the next issue which most closely mirrors the civil rights struggles this country has faced.

The Maine bill signing itself was historic and a bold stroke for Baldacci; he was the first governor in the country to sign into law a same-sex marriage bill without a court order.

No sooner had he signed the bill than opponents gathered enough petitions to place the issue on the ballot for a public vote.

Five states currently have laws allowing same-sex marriage: Massachusetts, Connecticut, Vermont, New Hampshire and Iowa.

Others will follow. Maine voters may not have set the precedent but the number who voted in favor of the law is much higher than it would have been, say, 10 years ago. Their vision will someday be law, in my opinion.

As my newspaper wrote, it is time for the law to catch up with reality. And it will.

Richard L. Connor is CEO of the Wilkes-Barre, Pa., Publishing Co. and MaineToday Media, owner of newspapers in Portland, Augusta and Waterville, Maine. A newspaperman for 40 years, he has served on two Pulitzer Prize for Journalism nominating committees.