Gay marriage foes claim victory in Maine

PORTLAND, Maine — Gay-marriage opponents are claiming victory in a closely watched referendum in Maine on a new state law that would have allowed same-sex couples to wed.

The law in question was passed by the Legislature in May but never took effect because of a petition drive by conservatives.

With more than 84 percent of precincts reporting early today, the side seeking to repeal the law had 53 percent of the vote. Their campaign organizer, Frank Schubert, claimed victory and declared that Maine voters had helped preserve the institution of marriage.

Gay-marriage supporters refused to concede, holding out hope that the tide might turn as the final returns came in. They had been hoping Maine would become the first state to approve same-sex marriage at the ballot box.

A vote to uphold the law would mark the first time that the electorate in any state endorsed gay marriage. That could energize activists nationwide and blunt conservative claims that same-sex marriage is being foisted on states by judges or lawmakers over the will of the public.

However, repeal — in New England, the region of the country most supportive of gay couples — would be another heartbreaking defeat for the marriage-equality movement, following the vote against gay marriage in California a year ago.

It would also mark the first time voters had torpedoed a gay-marriage law enacted by a legislature. When Californians rejected same-sex marriage, it was in response to a court ruling, not legislation.

Maine's secretary of state, Matthew Dunlap, said turnout seemed higher than expected for an off-year election and voter interest appeared intense. Even before Tuesday, more than 100,000 people — out of about 1 million registered voters — had voted by absentee ballot or early voting.

Jesse Connolly, manager for the pro-gay marriage campaign, said the results bore out his prediction of a "razor thin" election.

Five other states have legalized gay marriage — Iowa, Massachusetts, Vermont, New Hampshire and Connecticut — but all did so through legislation or court rulings, not by popular vote. In contrast, constitutional amendments banning gay marriage have been approved in all 30 states where they have been on the ballot.

"If we don't win, then Maine will have its place in infamy because no state has ever voted for homosexual marriage," said Chuck Schott of Portland, who stood near a polling place in Maine's biggest city with a pro-repeal campaign sign.