Wednesday, January 14, 2009

Same-Sex Marriage Update

Yesterday, a state legislator in Maine introduced a bill that would legalize same-sex marriage in the state.   This is particularly noteworthy because, as the ACLU of Maine notes, while several states have judicially recognized such a right, Maine would be the first state to  pass actual same-sex marriage (not civil union) legislation.   

However, the introduction of the bill is only the beginning of the story for two reasons.  First, opponents of the legislation have mobilized to create a constitutional amendment that will ban same-sex marriage in the state.  Second, under Maine law, any act of the legislature can be repealed through a referendum, so that may be an issue.  However, advocates of the bill state that they have been campaigning even before the bill’s introduction to create  grassroots support.  This may prove critical to its survival if the referendum does take place.

It’s only January, and 2009 is already shaping up to be quite an interesting legal year.  We’ll keep you posted!

NLS 

http://lawprofessors.typepad.com/conlaw/2009/01/same-sex-marria.html

Equal Protection, Fundamental Rights, Sexual Orientation | Permalink

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