Gay rights advocates across the country are regrouping after a crushing defeat at the ballot box in Maine, pledging to continue their state-by-state effort to promote marriage equality and to turn their attention to a federal court case in California.
On Tuesday, Maine became the 31st state to block same-sex marriage through a public referendum. Just over half the voters there repealed a state law that would have allowed same-sex couples to wed, a statute passed by the legislature in May and signed by Gov. John E. Baldacci (D). The law had been on hold, pending the vote.
The campaign against same-sex marriage in Maine drew heavily from a similar effort in California last year; there, a ballot measure known as Proposition 8 overturned the state Supreme Court ruling allowing such unions. Maine voters were exposed to TV commercials, such as one featuring parents lamenting that their children were being taught about same-sex marriage in school, that were nearly identical to ads used in California.
For the gay rights movement, the defeat is another setback to its long-held strategy of building the case for marriage equality state by state. Historically, the tactics have been to target places where conditions seem favorable, and Maine, characterized by its governor as a libertarian state, seemed to fit that criterion.
California remains a key battleground. Some gay rights organizations are considering putting the same-sex marriage issue before voters there again as early as next year.
Activists and legal strategists historically have avoided taking the issue to a narrowly divided Supreme Court, fearing a major setback. And though not all gay rights advocates agree on the timing, there is a growing consensus that there may never be a perfect time for a federal challenge.
“The whole idea that somehow you have to choose between federal and state work is a false ‘either or.’ The reality is, every movement needs to do both,” Wolfson said. “You don’t win on the federal level without engaging in those conversations and legal victories in states and communities. At the same time, you want to be part of a national conversation that helps create a climate for more states to move in the right direction.”
The increasing push for change on the federal level has been heightened by arguments that President Obama has not adequately addressed gay rights. One group, Equality California, has urged him to file a brief in federal court challenging Proposition 8.
