« Ind. Decisions - Court of Appeals issues 0 today (and 11 NFP) | Main | Ind. Decisions - Still more on: "Appeals court calls non-violent protective orders defective" »

Wednesday, May 06, 2009

Law - "Gay-rights activists have moved remarkably close to their goal of making same-sex marriage legal throughout New England just five years after Massachusetts became the first state in the nation to allow it"

Earlier today Abby Goodnough and Katie Zezima of the NY Times reported:

AUGUSTA, Me. — Gay-rights advocates moved remarkably close to their goal of making same-sex marriage legal throughout New England on Tuesday, when the Maine House of Representative voted to legalize such unions.

Supporters of same-sex marriage have won victory after victory this spring, with the legislatures of Vermont, New Hampshire and now Maine embracing it. The region is close to offering such marriages full support; Massachusetts was the first state in the nation to let gay couples marry in 2004, and Connecticut began allowing same-sex marriage last fall.

But in Maine and New Hampshire, the governors, both Democrats, will be pivotal in determining whether same-sex marriage proponents succeed in winning over an entire region of the country. Neither Gov. John Baldacci of Maine nor Gov. John Lynch of New Hampshire has made his intentions public. Both men opposed same-sex marriage in the past but have indicated they might be reconsidering.

No governor has yet signed a same-sex marriage bill that was not the result of court ruling. Gov. Jim Douglas, a Republican, vetoed a bill in Vermont last month, and the Legislature then enacted it after an override. And Gov. Arnold Schwarzenegger, also a Republican, vetoed a similar bill in California in 2005.

Supporters of the measures probably do not have enough support to override a veto in Maine or New Hampshire.

With the movement enjoying momentum from the string of recent victories — including the Iowa Supreme Court’s decision last month that same-sex marriage should be legal there — Mr. Baldacci and Mr. Lynch are facing considerable pressure from advocates and from their own party, which increasingly supports same-sex marriage.

Mr. Lynch will have five days to make a decision after the bill reaches his desk; Mr. Baldacci will have 10.

In California, where the State Supreme Court may rule this week on whether a voter-approved ban on same-sex marriage is constitutional, gay-rights advocates are optimistic even though many expect the ruling to uphold the ban.

The next state to debate same-sex marriage will probably be New York. Gov. David A. Paterson, a Democrat, introduced a marriage bill last month and the State Assembly, which strongly supports it, will probably take it up next week. The bill’s fate in the Senate is less certain. * * *

After the Senate’s vote last week, Mr. Lynch restated his belief that the state’s two-year-old civil-union law provided sufficient rights and protections to gay couples. But he did not repeat an earlier statement that marriage should be only between a man and a woman.

While the Iowa decision gave supporters of same-sex marriage an important first victory in the nation’s heartland and a few other states are considering legislation this year, New England remains the nucleus of the movement.

A NY Times update this afternoon is headlined: "Maine Governor Signs Same-Sex Marriage Bill ." Some quotes:
BOSTON — Gov. John Baldacci of Maine on Wednesday signed the same-sex marriage bill passed by the State Legislature, saying he had reversed his position on such marriages after deciding it was a matter of equal protection under the state’s Constitution. * * *

[Meanwhile, New Hampshire Governor Lynch] will have five days to make a decision after the bill reaches his desk. Several political observers have guessed that Mr. Lynch, who might run again, would let New Hampshire’s become law without his signature, as state law permits.

Posted by Marcia Oddi on May 6, 2009 02:11 PM
Posted to General Law Related