>> Nov 4, 2009
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 Tuesday, 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 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.
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AP's earlier story is below.
PORTLAND, Maine (AP) — Gay marriage appeared in danger in Maine in a closely watched referendum Tuesday that the nation's gay rights movement had hoped would yield a breakthrough victory at the ballot box.
Voters were asked to decide whether to repeal or affirm a state law that would allow gay couples to wed. The law was passed by the Legislature in May but never took effect because of a petition drive by conservatives.
With 481 of 608 precincts reporting, the pro-repeal side had 52 percent to 48 percent for gay-marriage's supporters.
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.
Frank Schubert, organizer for the campaign to repeal gay marriage, said a victory by his side would be a "backbreaking loss" for gay-rights activists, given the heavy mobilization and fundraising efforts put into their campaign.
Jesse Connolly, manager for the pro-gay marriage campaign, said the results bore out his prediction of a "razor thin" election.
"At the end of the day we're going to see a positive result," he said late Tuesday. "We might not see that tonight. It might be tomorrow."
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.
Another Portland resident, Sarah Holman said she was "very torn" but decided — despite her conservative upbringing — to vote in favor of letting gays marry.
"They love and they have the right to love. And we can't tell somebody how to love," said Holman, 26.
Hundreds of gay-marriage supporters gathered in a Portland hotel ballroom in the evening to await the results. On display was a three-tiered wedding cake topped with two grooms on one side, two brides on the other, and the words "We All Do."
In addition to reaching out to young people who flocked to the polls for President Barack Obama a year ago, gay-marriage defenders tried to appeal to Maine voters' independent streak — a Yankee spirit of fairness and live-and-let-live.
The other side based many of its campaign ads on claims — disputed by state officials — that the new law would mean "homosexual marriage" would be taught in public schools.
Both sides in Maine drew volunteers and contributions from out of state, but the money edge went to the campaign in defense of gay marriage, Protect Maine Equality. It raised $4 million, compared with $2.5 million for Stand for Marriage Maine.
Elsewhere on Tuesday, voters in Washington state decided whether to uphold or overturn a recently expanded domestic partnership law that entitles same-sex couples to the same state-granted rights as heterosexual married couples. And in Kalamazoo, Mich., voters approved a measure that bars discrimination based on sexual orientation.
Among other ballot items across the country:
- In Ohio, voters approved a measure that will allow casinos in Cleveland, Columbus, Cincinnati and Toledo. Four similar measures had been defeated in recent years, but this time the state's reeling economy gave extra weight to arguments that the new casinos would create thousands of jobs.
- Maine voters defeated a measure that would have limited state and local government spending by holding it to the rate of inflation plus population growth. A similar measure was on the ballot in Washington state.
- Another measure in Maine, which easily won approval, will allow dispensaries to supply marijuana to patients for medicinal purposes. It is a follow-up to a 1999 measure that legalized medical marijuana but did not set up a distribution system.
- The Colorado ski town of Breckenridge voted overwhelmingly to allow adults to legally possess small amounts of marijuana.