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Gay Marriage Hits a Snag in MainePosted on Jul 9, 2009
Having enlisted the same PR firm, Schubert Flint Public Affairs, that handled the publicity behind the pro-Proposition 8 push in California last fall, opponents of gay marriage claim to have amassed enough signatures to prevent a new law recognizing same-sex nuptials from taking effect on Sept. 12. A referendum on the issue would be held in November. Back to the voting booth, Mainers. Boston Herald.com: Mark Mutty from the Stand for Marriage Maine coalition says it took only four weeks to gather the more than 55,087 signatures necessary to put gay marriage to a vote. But he says signature gathering will continue to ensure there’s more than enough petitions. Advertisement Elsewhere: . CommentsAre you a Truthdig member yet? Login now, or register with Truthdig. Add Your Comment
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By Jeremy Keith Hammond, July 22 at 3:28 pm #
@lijobe - LD 1020, the law passed in Maine that allows gay marriage - does just about what you’ve said:
““Sec. 5. 19-A MRSA §655, sub-§3 is enacted to read:
““3. Affirmation of religious freedom. This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution’s religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith’s tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.”“
source: http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/SP038401.asp
It allows religious institutions to refrain from marrying a gay couple if it conflicts with their canon.
Report thisBy lijobe, July 22 at 2:13 pm #
(Unregistered commenter)
I am from Maine. Honestly, why can’t both sides be met? Gay marriage should be able to be performed by any chosen means (Pastor, Priest, Clergy, Justice of the Peace, Notary, etc) without repercussion for those that feel it is against their beliefs to marry a gay couple.
Okay, so some would say that those who can perform the marriage should be made to marry a gay couple. Why should they? A couple who is not Catholic can be refused to be married by a Catholic Priest, should they sue them or publicly challenge that their human rights have been violated because they are…oh I don’t know…BAPTIST?? Yes it sounds silly from that point of view but there are some in our nation that consider it a violation or an uncivilized act if one goes against the minority? A photographer gets sued because he refused to be the photographer for a gay couple’s wedding due to his faith and not believing in gay marriage. Why couldn’t that couple find someone else who would do the job?? We come across issues like that every day. Trying to hire someone or get something done but have to take a different path until we get the results we need. I would like to see both sides meet in the middle on this issue so all can be pleased with the results and we can stop this petty arguing throughout the nation. I know…“all can be pleased”...only in a perfect world right?
Report thisBy hippie4ever, July 13 at 12:47 am #
I love having my civil rights placed on the ballot by well-meaning… whatever they are. If I’m lucky they’ll be semi-literate and slightly rational! Hope you experience the same exact situation sometime in the future, Alejandro. You’ll probably view “democracy” in a slightly different light, from a minority perspective, rather than as a nonstop 24/7 casino with bells and whistles, gambling, speculation, and alcohol. There’s nothing like having your rights put up for vote to make you really, really hate the hypocrisy of this country.
Report thisBy The Gay Species, July 12 at 7:22 pm #
(Unregistered commenter)
I don’t wish to shame anyone, but Earnric, July 10 at 2:40 pm illustrates the problem of either sloppy language or serious misunderstandings.
The American people have “inalienable rights to life, liberty, and the pursuit of happiness,” and political rights outlined in the Bill of Rights and Constitution. Nowhere is “equal rights” mentioned. “All men are created equal,” and we possess “equal protection under the law,” except that the Supreme Court has decided “separate but equal” is the same thing as “equal protection under the law,” and that many people have no equal protection. Take your gripes to the Courts and to politicians that empower these idiots to make “supreme laws” overriding the Constitution.
Article IX and X, the two most important articles of the Bill of Rights, has been deemed “unconstitutional” by the Supreme Court in its entire history, and NOT ONE DECISION by a court cites either Article. The “rights retained, but not enumerated,” according the Supreme Court DON’T EXIST. The jurist cannot read PLAIN ENGLISH.
But then, we must not appeal to claims that don’t exist either. Equal Rights sounds all nice and fine, if Article IX were Constitutional, but it’s not. So Equal Rights is a figment of high school textbooks’ fantasies. We COULD use the existent Civil Rights Act of 1964 that prohibits discrimination on the basis of SEX to deny one employment, housing, and public accommodations, but the COURTS have decided it means only WOMEN. That’s not what the Act says. If a conservative interpretation of the ACT were rendered, it would include all things related to SEX, including sexual orientation. But it does not.
KNOWING what we are guaranteed, and what the Courts permit, is quite dispiriting. But appealing to figments of the imagination, while thoroughly understandable, is appealing to unicorns where only mules rule.
Report thisBy Jeremy Keith Hammond, July 12 at 11:17 am #
Alejandro said: ““Talking about live and let live is an idiots cop-out when it comes to honest debate””
@Alejandro - so is targeting the rhetorical slogan used to sign my message instead of actually debating the claims I made in the two paragraphs above it.
Regarding your “basic norms” - norms emerge, change and fade over time and space. Marriage is not today for us what it was several hundred years ago for other people. In medieval Europe - marriage was a contract of property between the groom and the bride’s family and - while romance/love were not discouraged - they were not the requisite (and norm) that we see today.
That’s just one example… no doubt, at some point, made evident on the ‘History Channel.’
Report thisBy RAE, July 12 at 10:54 am #
Alejandro wrote: “Wedding ceremonies have been the norm for men and women from almost the begining of recorded history.”
I guess you can be partly forgiven for your ignorance if the “History Channel” is your guiding source for information. If you’re going to present an argument you have a RESPONSIBILITY to do a little homework to ensure you have your facts correct.
“Recorded history” goes back a LONG way. So how do you explain the FACT that the Catholic Church, for only one example, didn’t get around to even defining marriage as a sacrament until 1215?
You are aware, aren’t you that in the United States waaayyy back in 1876 (ring a bell) almost ALL “marriages” were COMMON LAW… like man, NO CEREMONIES!
Finally, I agree that I can’t find a mention of any “union” of any kind that wasn’t between a MALE and a FEMALE. Is that so hard to understand? Those in “authority” have been EXPURGATING the published literature since Gutenberg finished his first Bible. Check the history and other books used to “teach” today’s crop of youngsters. Almost ALL references to non-heterosexual people have been “omitted”... just as if 10% of the population DOES NOT EXIST. It seems they think that if non-heterosexuals aren’t mentioned they won’t exist! Talk about heads in the sand!
Many of the 90% hetero population cannot understand or don’t want to recognize or share the planet with the other 10%. TOO DAMN BAD. But leaving gays and lesbians out of the texts has never and will never change the FACT that 30,000,000 people in the United States alone are NON-HETEROSEXUAL. You can’t deny that many people their fundamental rights while claiming to be a “free” society.
As I said before… marriage in the USA should be a strictly religious sacrament - and have no legal force outside the religion involved. The USA is NOT a THEOCRACY - (it’s not even a DEMOCRACY - but that’s another argument) - it’s a REPUBLIC where ALL THE CITIZENS enjoy the same rights and responsibilities. (Which part of ALL do you not understand?)
The legal part - the part where “rights” enter into it - should be entirely CIVIL - licensed, fees paid, rules and regulations, etc. etc. Gays and lesbians who want “marriage” will just have to find a church willing to accommodate their wishes. Otherwise, there’s Common Law, which already applies to both gay and straight in most jurisdictions.
BUT IN NO WAY SHOULD THE STATE, ON REQUEST, REFUSE TO LICENSE THE UNION OF TWO PEOPLE - ANY two people who aren’t disqualified from doing so on grounds such as underage, mental retardation, communicable diseases, etc.
Report thisBy Jeremy Keith Hammond, July 12 at 10:05 am #
I agree with RAE - my support for civil gay marriage exists merely because we have civil straight marriages. Ultimately - marriage is a spiritual/social matter that should not be facilitated by the state (separation of church and state, anyone?)
However - I think you’ll find that removing ‘marriage’ from laws and replacing it with something like ‘civil union’ would likely face more opposition than even gay marriage. Many would see it as an actual attack on ‘traditional’ marriage. In which case - we must allow gays to have civil marriages.
Report thisBy MikeNYC, July 11 at 10:36 am #
(Unregistered commenter)
RAE,your suggestion is a very good one. The fact is there are a number of churches who are very happy to marry same sex couples. If we actually followed your suggestion, the arguments would be over. Same sex couples could get legal recognition and then go to a church like anyone else and get married.
Report thisBy RAE, July 10 at 4:46 pm #
I think MARRIAGE should be 100% a “church” thing - I don’t care what church or religion. Marriage should have NOTHING to do with civil rights or law. Being “married” should carry no more legal weight that being “single.” It’s a non-issue.
ALL those who wish to be recognized as a LEGAL COUPLE must do so through some civil procedure. The license certifying a LEGAL COUPLE status must be issued ONLY by the State. If two people (any mixture of sexes) wish to get “married” - it’s between them and the church of their choosing. It has NOTHING to do with being recognized as a LEGAL couple.
To restate: ALL those wishing to become a LEGAL COUPLE must apply to the state for a license. If they also want to be “married” then they head for a church but there are no further rights granted because of religious marriage than have already been awarded by the civil union.
Choosing to whom you wish to be legally coupled should not be open for a public vote. We don’t give “rights” in our society - we HAVE RIGHTS. IT IS A BASIC RIGHT OF EVERY CITIZEN TO CHOOSE HIS/HER LIFESTYLE, not the legislature.
Report thisBy Earnric, July 10 at 2:40 pm #
Since when do people get to vote on giving people equal rights?
People simply don’t understand what it means to live in a republic where the rights of the minority are supposed to be protected…
Report thisBy richard roe, July 10 at 2:27 pm #
(Unregistered commenter)
Isn’t it already the law of the land that it is illegal to discriminate against people based on sex?
And before anyone states that the intent of that law is to provide rights for women equal to those as men, think about the words. If that’s the purpose, then wouldn’t the word “gender” be clearer and more specific?
Sex is a word that encompasses much more than gender.
Report thisBy Alejandro, July 10 at 2:11 pm #
(Unregistered commenter)
Talking about live and let live is an idiots cop-out when it comes to honest debate. For a society such as our own here in America to surive; the struggle to obey basic norms, which have been established from generation to generation, from all types of peoples must be paramont.
Wedding ceremonies have been the norm for men and women from almost the begining of recorded history. Those that advocate Gay marrriage ought to watch the History Channel. Come on, take a civil-union vow and then go hate each other. You won’t have to fight over who get’s custody of the disfunctional kids LOL..
Report thisBy Jeremy Keith Hammond, July 10 at 1:02 pm #
@Alejandro - No one is trying to “shove gay marriage down the majority of Americans throats.” In other words: No one is forcing anyone to marry someone of their same sex. No one is being forced to be gay. In fact - no one (at least in Maine) is forcing people to even marry gays if their beliefs prevent it. No non-gay people hurt at all from allowing gays to marry!
If anyone is forcing anything down anyone’s throat - it is the social conservatives who are forcing gay people to submit to their religious or socially conservative or homophobic values - prohibiting gays from equality. And this time in Maine - they are going out of their way to ensure it’s the case.
I applaud you for supporting equal rights under the law and “civil unions” but that’s not enough. “Marriage” is more than a word - as you probably know - but it’s also much more than that which those who oppose gay marriage admit it is. No religion or group of people have sovereignty over the spiritual institution of marriage and have no right to deny it - from a political or legal standpoint - to anyone. Marriage is not the exclusive right of certain people - anyone and everyone should be able to marry anyone they want to.
If you disapprove of gay marriage - then don’t marry someone your gender or facilitate the marriage between a gay couple. No one is forcing you too - no more than anyone is forcing you to marry straight.
Just live and let live.
Report thisBy Gay Species, July 10 at 12:39 pm #
(Unregistered commenter)
some people hate allowing people to make their own decisions. Emperor Newsom threatened folks with, “whether or not they liked it.” They did not. And queers apparently cannot read Court Decisions, not ONE granting a “right to marriage” to anyone. What COURTS have claimed is that a privilege to marriage for some but not others is discriminatory. The CA and CT Courts, both used Leibniz Law of Identity and nominalism, inferred different names for the same descriptions to be UNEQUAL and DISCRIMINATORY, both unconstitutional. Maybe the problem is not that people vote, but opponents don’t believe people have a right to vote.
Report thisBy Kanamachi, July 10 at 11:09 am #
Why is it that a sizeable minority of American’s rights depends on the ballot box? What good is the Constitution and the Bill of Rights if it only supports the rights of straight white people? I would like to propose a referendum on the right of straight white people to marry and see how they like it.
Report thisBy Alejandro, July 10 at 9:49 am #
(Unregistered commenter)
Well, I will say this. I for one am tired of having special interest groups trying to shove gay marriage down the majority of Americans throat. “No pun intended”. Let’s put it on the ballot in the 2010 elections. I will tell you that I am for Gays haveing civil unions and equal protection under the law, but that is where I draw the line. This is a Democracy(I think)so let’s put it on the ballot…
Report thisBy Joe Mustich, Justice of the Peace, July 10 at 9:44 am #
(Unregistered commenter)
To the marriage foes, and sexually phobic in Maine, please find something else to do with your time, because life’s too short. Find love.
Kudos to New England (sans RI) and Iowa for supporting civil marriage.
Joe Mustich, Justice of the Peace,
Report thisWashington, Connecticut USA
By MikeNYC, July 10 at 9:38 am #
(Unregistered commenter)
I’m sure I could get 55,000+ signatures to reinstate segregation too, but taking people’s rights away is just plain immoral and un-American. One has to wonder how much hate a person has in them to want to harm other people’s lives intentionally.
Report thisBy Jeremy Keith Hammond, July 10 at 9:16 am #
55k signatures isn’t actually much, especially with paid sig-gatherers. Supporters of gay marriage in Maine and many more were expecting this to reach referendum. Hopefully my neighbors will vote to support marriage equality.
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