Governor John Baldacci Signs Maine Marriage Equality Act

Big news from the great state of Maine today. This press release comes directly from the governor’s office:

AUGUSTA – Governor John E. Baldacci today signed into law LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom.

“I have followed closely the debate on this issue. I have listened to both sides, as they have presented their arguments during the public hearing and on the floor of the Maine Senate and the House of Representatives. I have read many of the notes and letters sent to my office, and I have weighed my decision carefully,” Governor Baldacci said. “I did not come to this decision lightly or in haste.”

“I appreciate the tone brought to this debate by both sides of the issue,” Governor Baldacci said. “This is an emotional issue that touches deeply many of our most important ideals and traditions. There are good, earnest and honest people on both sides of the question.”

“In the past, I opposed gay marriage while supporting the idea of civil unions,” Governor Baldacci said. “I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.”

“Article I in the Maine Constitution states that ‘no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person’s civil rights or be discriminated against.’”

“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State,” Governor Baldacci said.

“It guarantees that Maine citizens will be treated equally under Maine’s civil marriage laws, and that is the responsibility of government.”

“Even as I sign this important legislation into law, I recognize that this may not be the final word,” Governor Baldacci said. “Just as the Maine Constitution demands that all people are treated equally under the law, it also guarantees that the ultimate political power in the State belongs to the people.”

“While the good and just people of Maine may determine this issue, my responsibility is to uphold the Constitution and do, as best as possible, what is right. I believe that signing this legislation is the right thing to do,” Governor Baldacci said.

Wow. We’ve been cautiously optimistic about the chances of Governor Baldacci signing this legislation, but I don’t think I was prepared for it to actually happen. But as the governor said in his statement, this isn’t necessarily the end of the battle in Maine. Article IV, section 17 of the Maine Constitution stipulates that any law passed by the legislature and executive branches is subject to a “people’s veto”. Here’s how it works:

A bill is automatically set to take effect 90 days after the legislature ends the current session. If, before that date, a petition against the bill is submitted with the signatures of at least 10% of votes in the last gubernatorial election, the law doesn’t go into effect and is instead put on the next ballot at least 60 days from the petition submittal. If the majority of Maine voters agree, the executive and legislative branches have been overridden and the bill is discarded.

In this case, the bill becomes law on September 15, 2009 unless marriage equality opponents can get 55,087 signatures. If the signatures are submitted by September 3, 2009, the people’s veto goes on the November ballot. If they are submitted between September 3 and September 15, the issue would go on the June 2010 ballot.

It’s pretty likely that our opponents will be able to get enough signatures. It wouldn’t surprise me if they held them until after September 3 just to ensure that there’ll be another six months of non-equality for us. But for now, let’s celebrate this victory for civil rights.