Gay Marriage Is Put to a Vote in Maine

Supporters of same-sex marriage Suzanne Blackburn, left, and Ann DiMella, of Portland, prepare to...

Supporters of same-sex marriage Suzanne Blackburn, left, and Ann DiMella, of Portland, prepare to set up a NO on 1 sign in Deering Oaks Park, Tuesday, Nov. 3, 2009, in Portland, Maine. Voters will decide Question 1, the proposal to rescind the Legislature's approval of same-sex marriage. (AP Photo/Robert F. Bukaty)

(AP)

Gay marriage was put to a vote in Maine on Tuesday in a closely watched referendum that gay-rights activists across the country hoped would prove that public opinion is turning in their favor.

Voters had to decide whether to repeal or affirm a state law that would allow gay couples to wed. The law was passed by the Legislature last May but never took effect because of a petition drive by conservatives.

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.

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.