Maine Drafts "People's Veto" Referendum on Marriage

This appears to be an attempt at evenhandedness (that's not sarcasm, I mean it):

"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?"

On May 6, Maine became the second state to legislatively allow gay marriages without a court order. The Maine marriage bill, like Vermont's and New Hampshire's contains religious conscience exemptions for churches and also explicitly provides that no person for any reason (religious or not) that is allowed to perform marriages can be forced to perform a marriage they don't want to.

Petitioners have until 60 days after the close of the legislative session (roughly mid-June) to collect 55,087 signatures. The marriage bill passed by the legislature is stayed until that time. If they manage to get the signatures, the stay continues through the election. If they don't get them, the stay expires.

Incidentally, Doctor Zero over at Hot Air's Greenroom had an extensive discussion of gay marriage (he's opposed) which I think makes good reading. If I ever have a free second again in my life, I intend to reply to several of the arguments he's making.

Oh, And While I'm Thinking About It: There was some expectation that the California Supreme Court Prop 8 decision would come down this week. That does not appear to be the case. The Court issues decisions on Mondays and Thursdays with one working day's notice in advance. Since there is no notice of incoming decision tomorrow, we can rule out a decision this week. Several commentators have suggested that the Cal Supremes will let the recent marrige events in Iowa and New England alter their decision.

Posted by: Gabriel Malor at 12:01 PM

Comments

1 "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?"

I wouldn't call that evenhanded myself. Why is the word "reject" used? It's a blatant push, nobody likes rejection. Better terminology would be repeal or rescind. And it should have been "new law that replaces domestic partnership with marriage for same sex couples..." not "new law that lets same-sex couples marry...", that suggests there was nothing then this law.

Posted by: Rocks at May 20, 2009 12:19 PM (Q1lie)

2 Remember, we're supposed to not oppose gay marriage on religious basis because religious institutions would not be required to perform the ceremonies. Its always included in the laws. And we all know that government would never ever attempt to change a law.

Posted by: buzzion at May 20, 2009 12:22 PM (Lrsi6)

3 Another flame war on the way.

Posted by: Vic at May 20, 2009 12:24 PM (BYokb)

4 Never has such a small minority held the nation's balls in a vice like this over such a trivial issue.

Posted by: Blogluddite at May 20, 2009 12:27 PM (fDWFP)

5 _{Several commentators have suggested that the Cal Supremes will let the
recent marrige events in Iowa and New England alter their decision}Why should this affect the revision v. amendment issue?

Posted by: Michael Ejercito at May 20, 2009 12:30 PM (G1ysT)

6 Posted by: Rocks at May 20, 2009 12:19 PM (Q1lie)

That's standard phrasing for a people's veto question. Last year, we vetoed a tax on soda and alcohol. The question then was:

Do you want to reject the parts of a new law that change the method of funding Maine's Dirigo Health Program through charging health insurance companies a fixed fee on paid claims and adding taxes to malt liquor, wine and soft drinks?

Posted by: Slublog at May 20, 2009 12:31 PM (5VFUl)

7 Rocks, Maine's domestic partnership law did not have the same rights and obligations as marriage.

Posted by: Gabriel Malor at May 20, 2009 12:33 PM (ztNrs)

That's standard phrasing for a people's veto question. Last year, we vetoed a tax on soda and alcohol. The question then was:

Do you want to reject the parts of a new law that change the method of funding Maine's Dirigo Health Program through charging health insurance companies a fixed fee on paid claims and adding taxes to malt liquor, wine and soft drinks?

I consider the added text to be very poor. Throwing in that religious exemption stuff makes it read like that is the thing being eliminated, and could get people who would vote to remove gay marriage to vote to keep it because it sounds like its an attack on religion.

Posted by: buzzion at May 20, 2009 12:34 PM (Lrsi6)

9 Posted by: buzzion at May 20, 2009 12:34 PM (Lrsi6)

They have to include all of the language that was passed in the original law. The law actually amended Maine's existing marriage statute and added the religious exception. That's what has to be vetoed - everything added.

Posted by: Slublog at May 20, 2009 12:36 PM (5VFUl)

10 > Throwing in that religious exemption stuff makes it read like that is the thing being eliminated

That's the first thing that struck me. Presumably an informed voter would know otherwise, but where are you gonna find an informed voter these days?

Posted by: The Chap in the Deerstalker Cap at May 20, 2009 12:46 PM (5Rrm3)

11 Rocks, Maine's domestic partnership law did not have the same rights and obligations as marriage.

It went a long way Gabe and it certainly wasn't nothing. The wording of this referendum suggets marriage or nothing.

Posted by: Rocks at May 20, 2009 12:48 PM (Q1lie)

12 Slublog, I know it's standard stuff, but not even handed.

Posted by: Rocks at May 20, 2009 12:50 PM (Q1lie)

13 Slublog, I know it's standard stuff, but not even handed.

It's neither even handed or not even handed. It is what it is. That's the language used in these situations.

Posted by: Slublog at May 20, 2009 12:51 PM (5VFUl)

What difference does this make?

All it takes is one liberal federal judge, and The Will of the People Be Damned.

Posted by: CoolCzech at May 20, 2009 12:58 PM (KcYZz)

15 It's neither even handed or not even handed. It is what it is. That's the language used in these situations.

Posted by: Slublog at May 20, 2009 12:51 PM (5VFUl)

Come on Slu. If they wanted the people to vote for it the wording would be very different. If a law had passed which codified the defintion of marriage as a man and woman the wording would be something like " Do you want to reject the new law which bans same sex marriage?"

Posted by: Rocks at May 20, 2009 12:59 PM (Q1lie)

16 Come on Slu. If they wanted the people to vote for it the wording would be very different. If a law had passed which codified the defintion of marriage as a man and woman the wording would be something like " Do you want to reject the new law which bans same sex marriage?"

My point is that in the case of people's veto questions in Maine, the 'do you reject' language is always used. Veto: I forbid. Doesn't matter whether the law vetoed is gay marriage, taxation or something else. That's the language.

In Maine, the question in your example would have to be: Do you want to reject the language which codifies the definition of a marriage as a man and a woman...etc. It has to veto the language in the specific legislation.

Posted by: Slublog at May 20, 2009 01:11 PM (5VFUl)

17 That's a good idea in states that have had gay "marriage" forced on them by robed lawyers. At least until they can change the constitution.

Posted by: Christopher Taylor at May 20, 2009 01:12 PM (PQY7w)

18 I suspect that the California Supreme Court would be more likely to look to the results of this week's special election, which suggested a big "F-U" to the political class, rather than events in Iowa or New England.

Posted by: luci at May 20, 2009 01:26 PM (iAiQO)

@17: don't be so sure about that constitutional amendment thing, C_T: didn't we already have liberals try to say that some such amendment passed out in California wasn't REALLY an amendment?

Don't think these people will allow a mere formality like constitutional process stand in their way.

Posted by: Joe at May 20, 2009 01:42 PM (KcYZz)

They have to include all of the language that was passed in the original law. The law actually amended Maine's existing marriage statute and added the religious exception. That's what has to be vetoed - everything added.

Including the language is fine. But how its written seems awfully sneaky. And the articles opening line indicates that they didn't have to write it up this way: "Maine election officials have drafted the question that will appear on the state referendum ballot..." There's got to be better phrasing to allow them to include everything that doesn't make it read like its removing the religious exemption from the law.

Posted by: buzzion at May 20, 2009 02:31 PM (Lrsi6)

21 Don't think these people will allow a mere formality like constitutional process stand in their way.

Its the last tool we have before outright revolt. Best to try it.

Posted by: Christopher Taylor at May 20, 2009 02:40 PM (PQY7w)

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