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Maine Is 5th State To Permit Gay Marriage; New Hampshire Bill Sent To Governor

By Howard M. Friedman

Maine yesterday became the 5th state to authorize same-sex marriage as Gov. John Baldacci signed LD 1020, "An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom." The Brunswick (ME) Times Record reports that the bill moved quickly through the state legislature. Last Thursday the State Senate approved it by a vote of 21-14, the House followed on Tuesday with an 89-57 vote, and the Senate gave its final approval yesterday by a vote of 21-13. While authorizing same-sex marriage, the new law goes on to provide:

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.

AP reports that opponents of the new law say they will challenge it through a statewide referendum. Seacoast Online says that Rev. Bob Emerich of the Jeremiah Project in Plymouth (ME) will be working with the Portland Catholic diocese and other groups to obtain the 55,087 signatures needed to get a referendum measure on the statewide ballot.

Later yesterday, the New Hampshire legislature also passed a bill permitting same-sex marriage. (CNN). HB 436 provides however that:

Members of the clergy as described in RSA 457:31 or other persons otherwise authorized under law to solemnize a marriage shall not be obligated or otherwise required by law to officiate at any particular civil marriage or religious rite of marriage in violation of their right to free exercise of religion protected by the First Amendment to the United States Constitution or by part I, article 5 of the New Hampshire constitution.

The state Senate last week approved the bill by a vote of 13-11. Yesterday the House approved it by a vote of 178-167. The Concord Monitor says that it is unclear whether or not Gov. John Lynch will veto the bill. In the past he has said that his personal views are opposed to same-sex marriage.

Full post as published by Religion Clause on May 07, 2009 (boomark / email).