A Setback in Maine for Gay Marriage,
but Medical Marijuana Law Expands
Published: November 4, 2009, New York Times
In a stinging setback for the national gay-rights movement, Maine voters
narrowly decided to repeal the statefs new law allowing same-sex
marriage.
With 87 percent of precincts reporting early Wednesday morning, 53 percent of
voters had approved the
repeal, ending an expensive and emotional fight that was closely watched
around the country as a referendum on the gay-marriage movement. Polls had
suggested a much closer race.
Maine voters also decided to expand the statefs
10-year-old medical marijuana law, approving a ballot question to allow
state-regulated dispensaries to grow the drug and sell it to patients. The vote
came weeks after the Obama administration announced it would not prosecute
patients and distributors who are in gclear and unambiguoush compliance with
state laws. Maine will be the third state, after New Mexico and Rhode Island, to
allow tightly regulated, nonprofit marijuana
dispensaries.
With the repeal of the same-sex marriage law, Maine became the 31st state to
reject same-sex marriage at the ballot box. Five other states — Massachusetts,
Connecticut, Iowa, New Hampshire and Vermont — have legalized same-sex marriage,
but only through court rulings and legislative action.
The Maine vote was particularly
discouraging for gay-rights groups because it took place in New England, the
region that has been the most open to same-sex marriage, and because opponents
of the repeal had far outspent backers. Gov. John Baldacci, a Democrat, had
enthusiastically backed the state law allowing gay marriage, passed by the
legislature in May but put on hold until the referendum took place.
The repeal came a year after California voters banned same-sex marriage with
a constitutional amendment. Preliminary results showed strong opposition to the
repeal in Portland, the statefs biggest city, but not enough to counter
widespread support in more conservative regions to the north.
In another election night setback for gay-rights supporters, Gov. Jon
S. Corzine of New Jersey, who supports gay marriage, lost to Christopher
Christie, a Republican who opposes it. Many believed the legislature there
was close to passing a gay-marriage bill, but with Mr. Corzinefs defeat, all
bets are off.
Throughout the bitter campaign, supporters of same-sex marriage had stressed
that gay couples deserved equal treatment under the law, banking on Mainefs
reputation as a glive-and-let-liveh state. Opponents repeatedly warned voters
that if gays were allowed to marry, it would be taught in the public schools — a
tactic that proved effective in California last year.
The Catholic Church was a leading supporter of the repeal campaign, even
asking parishes to pass a second collection plate at Sunday Mass to help the
cause. The National Organization for Marriage also contributed heavily to the
repeal campaign; it is under investigation by Mainefs ethics commission for
possibly flouting state campaign finance laws by refusing to reveal its
donors.
Under the changes to the medical marijuana law, which were approved by 59
percent of voters with three-quarters of precincts reporting early Wednesday
morning, Maine will also expand the list of medical conditions for which a
patient can use the drug.
Proponents say such dispensaries provide safe and legal access to the drug
for people with debilitating conditions, many of whom might otherwise seek it on
the street. Under Mainefs current law, patients are allowed to grow small
amounts of marijuana themselves, but medical marijuana advocates say many are
too sick to do so.
The changes will also prohibit landlords and employers from discriminating
against medical marijuana patients, and schools from denying them
enrollment.
Law enforcement officials in Maine opposed the changes, saying the state did
not have enough resources to closely monitor dispensaries.
Maine is among 13 states where medical marijuana is legal, but most give
patients no help in obtaining
it.