Not that the fight is overFollow

Governor Signs LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom

May 6, 2009
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.

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.

Not that the fight is over

NEW YORK (CNN) -- The New York State Assembly passed a same-sex marriage bill Tuesday evening, bringing New York one step closer to legalizing such marriages.

The bill, which passed 89-52, will now go on to the state Senate for a vote. If it is passed there, it will go to Gov. David Paterson, who has made it clear he will sign the bill.

"I applaud ... members of both parties for moving this historic legislation forward," New York City Mayor Michael Bloomberg said in a statement released by the mayor's office.

"I hope New York will soon become the latest state to adopt a law whose time has come."

State Sen. Thomas K. Duane, a Democrat, said in a statement, "I am confident that this year my Senate will uphold this fundamental legal principle and vote for my right, our right, to be married this year."

This is the second time New York's Marriage Equality Legislation has been approved by the State Assembly -- it passed in 2007, but subsequently stalled in the then Republican-controlled Senate.