The panel on the U.S. Court of Appeals for the First Circuit in Boston rejected the NOM's argument that being forced to disclose donors who backed the effort was a violation of First Amendment speech rights.

The court's decision on Tuesday means the National Organization for Marriage, which advocates that marriage be defined as being between a man and a woman, could have to reveal the names of people who gave more than $100 to its campaign efforts against same-sex marriage in Maine.

The Maine law says that groups that spend more than $5,000 "for the purpose of initiating or influencing" a referendum must disclose the names of their donors.

The decision by a panel on the U.S. Court of Appeals for the First Circuit in Boston clears the way for the state to conduct an inquiry into whether the group was indeed raising money to influence the ballot initiative.

via: Reuters

The group's lawyer, James Bopp Jr., said it was unfair that advocacy organizations should face the same disclosure requirements as political action committees.

"The homosexual lobby has launched a nationwide campaign to harass supporters of traditional marriage," said NOM's lawyer, James Bopp Jr.

Bopp called it "unfair" that advocacy organizations should face the same disclosure requirements as political action committees.

The bill to allow same-sex marriages in Maine was signed into law on May 6, 2009, by then-Gov. John Baldacci following approval by state lawmakers, but was overturned in a ballot referendum on November 3, 2009 after anti-gay opposition groups led by the NOM won that vote by 52.8 percent.

Two recent polls indicate that 53 percent of Mainers now favor same-sex marriage, and the measure appears to be headed back to the ballot for a second time.

Last week, marriage equality advocates submitted petitions signed by 105,000 voters, far more than the 57,277 needed to force a referendum in November.

If same-sex marriage passes at the polls, Maine could become the first state to approve gay marriage through a popular vote.

The announcement comes about two years after the Legislature approved same-sex marriage, only to see the measure overturned in a referendum vote.

But since the last vote in 2009, proponents of same-sex marriage -- led by EqualityMaine, the American Civil Liberties Union, the Maine Women’s Lobby and their supporters -- said Mainers have had a change of heart.

"The number of signatures we gathered, the liveliness and thougtfulness of the conversations we've had with Maine voters, and polling that shows a majority of support for marriage equality in Maine has shown us that Mainers are eager to speak on this issue again," said Betsy Smith, executive director of Equality Maine.

A coalition led by Equality Maine launched a petition drive in August for a ballot initiative that would ask Mainers the following question on the November 2012 ballot:

“Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?”

"The law to be voted on is called an Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom," Smith said, and states that no clergy member would have to perform same-sex marriage in violation of their religious beliefs.

The group needed to collect at least 57,277 voters’ signatures by Jan. 30, 2012 to qualify to put the measure on the 2012 ballot. The petitions must now be certified by election officials.

Maine is currently the only state in New England that doesn’t allow either gay marriage or civil unions for same-sex couples.

A bill to allow same-sex marriages in Maine was signed into law on May 6, 2009, by the-Gov. John Baldacci following approval by state lawmakers, but was overturned in a ballot referendum on November 3, 2009 after anti-gay opposition groups won that vote by 52.8 percent.

Two recent polls indicate that 53 percent of Mainers now favor same-sex marriage.

If same-sex marriage passes at the polls, Maine could become the first state to approve gay marriage through a popular vote.

A coalition led by Equality Maine launched a petition drive in August for a ballot initiative that would ask Mainers the following question on the November 2012 ballot:

“Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?”

Betsy Smith of Equality Maine said 396 volunteers collected more than 36,000 signatures on Election Day, bringing the total number to approximately 100,000, reported the Associated Press.

The group needed to collect at least 57,277 voters’ signatures by Jan. 30, 2012 to qualify to put the measure on the 2012 ballot.

Smith said the group will make its decision on a referendum in January.

Maine is currently the only state in New England that doesn't allow either gay marriage or civil unions for same-sex couples.

A bill to allow same-sex marriages in Maine was signed into law on May 6, 2009, by the-Gov. John Baldacci following approval by state lawmakers, but was overturned in a ballot referendum on November 3, 2009 after anti-gay opposition groups won that vote by 52.8 percent.

Two recent polls indicate that 53 percent of Mainers now favor same-sex marriage.

Currently, same-sex marriage is legal in only six states — New Hampshire, New York, Connecticut, Iowa, Massachusetts, Vermont — and the District of Columbia.

A spokesperson for Equality Maine said that same-sex marriage supporters in Maine gathered more than 5,000 signatures during the first official day of petition-gathering.

The organization focused its first day efforts on summer festivals in the cities of Portland, Kennebunk, Biddeford, York, Bangor, Ellsworth and Brunswick on Saturday.

"We're finding that Mainers are changing their minds on this issue -- and that's going to continue through November of 2012," said Betsy Smith, executive director for Equality Maine, one day after Secretary of State Charlie Summers approved the language last Wednesday for the citizen-initiative petitions.

Maine's marriage equality law, previously passed by the state's legislature and signed by the former governor, was overturned in a ballot referendum in 2010 after anti-gay opposition groups won that vote by 52.8 percent.

Equality Maine will need to collect at least 57,277 voters' signatures by Jan. 30, 2012 in order to qualify to put the measure on the 2012 ballot.

The new bill would first go to the Legislature, which would have an option to pass it.

The issue was intensely political when it dominated Maine news in 2009. A bill allowing same-sex marriage passed largely along party lines in the Democrat-controlled Senate and House that year and was signed into law by Democratic Gov. John Baldacci.

A people’s veto effort was immediately launched, run by a coalition of evangelical Christian churches and the Catholic church in Maine. Outside support was provided to both sides and overall spending on the referendum question totaled $9.6 million.

Bangor Daily News

The law was supposed to go into effect on September 12, but was put on hold pending the outcome of the election.

On Nov. 4, 2009, Maine voters rejected the law allowing gay marriage.

But leaders say that times have changed, and that they can win on gay marriage in 2012.

"We know this because we're going door-to-door, talking with Mainers, about why marriage matters to gay and lesbian people," says Betsy Smith, executive director of EqualityMaine, which will be leading the petition drive to get a same-sex marriage initiative on the ballot, along with Gay & Lesbian Advocates & Defenders -- or GLAD.

Two polls commissioned by the groups support their intuition by indicating that 53 percent of Mainers now favor same-sex marriage. That's the same percentage of people who voted against same-sex marriage in 2009.

Maine Public Broadcasting

Organizers must collect 57,000 signatures to put the measure on the November 2012 ballot.

Christian and his boyfriend, Caleb Jett decided to put their names in the running as Prom King and Queen to change minds across their community and in their state.

With the help of his friends, Christian got enough votes to win Prom Queen. Happily, his boyfriend Caleb won King. The two wore suits and proudly showed off their tiara and crown and shared a King and Queen dance.

Here’s an interesting point. This interview from WNTW News 8 mentions that while some were very happy for the results of the election, others were very unhappy.

News 8 tried to interview dozens of people and those who were against it declined to comment on camera -- one even said he was afraid of offending someone.

How wonderful is it when those who are on the wrong side of history and humanity can acknowledge their ignorance and bigotry through their silence.

Kevin Schmersal

A Bangor, Maine resident was arrested for disorderly conduct on Tuesday evening after he repeatedly called a man from San Francisco a gay slur, resulting in a fight at a Longhorn Steakhouse.

Via WGME-TV:

Bangor Police say 58-year-old Kevin Schmersal and his wife talked to a group of people sitting at the bar at the restaurant in Bangor Tuesday night and asked them where they were from.

When one of them said "San Francisco," police say Schmersal then made a derogatory remark about gay people, which lead to a fight, and when officers showed up, police say he charged at one of them and hollered even more gay slurs and obscenities.

“He thought it was his right to say whatever he wanted,” said Sgt. Paul Edwards, saying he was barred from releasing exactly what Schmersal called the visiting man.

If convicted of the disorderly conduct charge, Schmersal could face up to a year in jail and a fine of up to $2,000.

“The case is being forwarded to the Attorney General’s Office for review in order to see if any hate crime laws have been violated,” Edwards said.

In the documentary, "Yes On 1" chairman Marc Mutty expresses regret for his role. Mutty also acknowledges that his campaign's claim that "same-sex marriage will be taught in schools" was untrue.

The Portland Press Herald reports that the take-away in this documentary, which was filmed during the campaign on the condition that it not be screened before the election, is the regret expressed by the leader of the anti-gay initiative.

Says Marc Mutty, public affairs director for the Roman Catholic Diocese of Maine, and chair of the "Yes on 1" campaign in the film's trailer:

"This has been a f**kin' son of a bitch. This has been awful. I hate it. I hate it. I hate it ... I fear I'll be remembered for the work I did on this campaign ... [I'm asking...] for forgiveness for the ways in which I might have betrayed my own self in this endeavor."

Make sure you go see it.

Watching the trailer is almost too difficult for me. This issue has become such an over-riding issue for me I can barely watch the bigots. I read posted somewhere recently:

"What does the word of God say about collecting a dead spouse's social security? What does the word of God say about spousal privilege in legal cases? What does the word of God say about the tax code for married couples? CIVIL marriage has nothing to do with some people's particular interpretation of what they think is the word of God. CIVIL marriage isn't religious marriage."

And that pretty much sums it all up for me. I'm tired of the "religious" - who aren't that religious - using the Bible and the "word of God" to protect themselves from the label "bigot" - which is exactly what they are. I'm really done with it.

Equal is equal. No one wants to (here come the buzz words and catch phrases and talking points - pay attention) "redefine marriage." All anyone wants is to have the SAME rights as everyone else. That's why America is the great country it's supposed to be. Not special rights - equal rights.

Stepping off the soapbox now. Go see the movie.

And vote.

On Friday, U.S. District Judge D. Brock Hornby granted a summary judgment upholding the constitutionality of Maine's election disclosure laws.

Maine's campaign finance law requires groups that raise, or spend, more than $5,000 to influence elections, to register with the state and disclose donors who make contributions of $100 or more.

The NOM spent $1.9 million dollars in a successful campaign to overturn Maine's same-sex marriage law in 2009, but failed to report the names of its donors.

When an Ethics Commission had determined that the NOM was required to disclose the identities of those donors who contributed to its anti-gay marriage campaign, the group refused, and filed suit on grounds that Maine's requirements were unconstitutional.

The NOM argued that Maine's law wrongly treats ballot question committees the same as political action committees, and that requirement for such entities to disclose all contributors giving over $100 dollars is overly burdensome.

The 22-page decision rejected the NOM's arguments, and concluded that Maine's disclosure law is constitutional.

"I conclude finally that this Maine law is constitutional," Hornby wrote.

The National Organization for Marriage has opposed laws allowing same-sex marriage in states across the country, including Maine and California.

“What is the difference between a man and a woman getting married and two men or two women getting married?” Antonia Carroll, a 16-year-old junior, asked. “It’s that Y chromosome or lack thereof in one of the partners. Who cares about Y chromosomes?”

Carroll organized the rally for people who volunteered for the recent No on 1 campaign. She was one of about 20 high school students, not yet old enough to vote, who attended the event. Carroll and others spoke emotionally about the Nov. 3 repeal of the same-sex marriage law by a vote of 53 percent to 47 percent.

“We will not stop, and we will not give up until we have equality for all,” she said Sunday.

Carroll said she organized the event for people who worked on the No on 1 campaign and still are feeling the sting of the loss nearly three weeks later.

“I feel like this is something the community very much needs,” Carroll said in an e-mail announcing the event, “because apparently there are a lot of people who don’t understand how important marriage equality is. I want the message to go out that we will not submit and stop fighting for equality just because of this vote.”

More at the Bangor Daily News.

In Maine, voters on Tuesday rejected a law allowing gay marriage, a closely fought referendum on the one year anniversary of a similar outcome in California.

In repealing the law passed by the legislature last May, Maine becomes the third state in which voters reversed government rulings to permit gay marriages, after California and Hawaii.

Full story on Maine's gay marriage vote, here.

But in an apparent victory for gay rights supporters, Washington voters seemed to be approving Referendum 71, which expands the state’s domestic partnership law.

The so called “everything but marriage” law will grant gay couples more than 200 additional rights currently reserved for married spouses, including ensuring extended work leave for people with critically ill partners and preserving pension benefits for the surviving partner in the event of the other’s death.

Full story on Referendum 71, here.

In other races across the nation:

Out lesbian Annise Parker in run-off for Houston mayor
From the Houston Chronicle:

The race for Houston mayor narrowed Tuesday to a choice between a veteran City Hall insider hoping to become Houston's first openly gay leader and a former civil rights activist hoping to become only the second African-American to run the nation's fourth-largest city.

City Controller Annise Parker and former City Attorney Gene Locke, the two candidates originally predicted by many to prevail at the race's outset, will face each other in a Dec. 12 runoff election.

Addressing a jubilant crowd, Parker looked ahead to the runoff election. "This race is not over,” she said. “In five weeks, we'll claim victory.”

Kalamazoo voters approve anti-discrimination law
From the Kalamazoo Gazette:

In Kalamazoo, Michigan, voters decisively adopted a city ordinance Tuesday that extends anti-discrimination protections to gays, lesbians, bisexuals and transgender individuals.

The ordinance passed 7,671 to 4,731, making Kalamazoo the 16th city in Michigan to adopt such a gay-rights ordinance that grants the protections in the areas of employment, housing and public accommodations.

The ordinance was approved in all but three of the city's voting places. It also passed among heavy absentee ballot voting.

Chapel Hill elects first openly gay mayor
From the Chapel Hill News:

In Chapel Hill, N.C., two-term councilman Mark Kleinschmidt, a death-penalty defense lawyer and gay rights advocate, narrowly defeated colleague Matt Czajkowski to take the reins as mayor.

Kleinschmidt received 48.6 percent of the vote in the four-person mayoral race.

"We have a divided community right now, and that's got to be job No. 1 to address that," Kleinschmidt said. "The first thing is to talk to Matt."

Kleinschmidt’s victory marks the first time an openly gay candidate has won Chapel Hill’s mayoral office, and only the third time an openly gay man has been elected mayor of a town in North Carolina.

St. Petersburg elects first openly gay official
From the St. Petersburg Times:

In St. Petersburg, Florida, The City Council will welcome one fresh face: Steve Kornell.

When he takes office Jan. 2, Kornell will become the first openly gay person elected to office in St. Petersburg. It's a significant milestone in a city with a large gay community that has faced opposition to pride displays under conservative leadership.

Kornell has an extensive background working with city recreation centers, running both Childs Park and Shore Acres. He wrote a grant that still brings in millions for teen programs in the area.

Detroit elects openly gay city council president
From the Detroit Free Press:

Detroit elected openly gay former Fox News reporter Charles Pugh to the city council Tuesday.

By capturing the most votes, Pugh, who survived negative publicity due to his foreclosure woes, will be council president.

“This is unbelievable,” Pugh told the Free Press before a victory speech.

“It means Detroit has really wanted change for a very long time.”

Repealing the law passed by the legislature last May is another setback for gay-rights advocates, and makes Maine the third state in which voters reversed government rulings to permit gay marriages, after California and Hawaii.

The Maine gay marriage vote, Question 1, asked voters if they wanted to repeal a gay-marriage bill approved by the Legislature and signed into law in May by Democratic Governor John Baldacci.

With 98% of precincts reporting, 52.78% of voters cast to repeal the same-sex marriage law, with 47.22% in favor of enacting the law.

Supporters of the gay marriage law in Maine, however, are encouraged by the 47% vote they in a referendum that drew an unexpectedly high turnout.

Leaders of the campaign that fought unsuccessfully to prevent repeal the law, said they are not quitting what they term is a "civil rights struggle." But what form their effort will take is not yet known.

Maine currently grants domestic-partnership status to same-sex couples, along with about seven other states. The legislature voted in May to allow gay marriage, but an opposition petition campaign surpassed the threshold of signatures necessary to put the state law on the November ballot, setting the stage for the furious, two-month campaign, enabling Maine voters to exercise a “People’s Veto” of the gay marriage law.

The law was supposed to go into effect on September 12, but was put on hold pending the outcome of Tuesday's election.

Same-sex marriage has yet to win a popular vote in any state, and Maine joins the list of more than 30 other states that have rejected gay and lesbian marriage at the ballot box.

Same-sex unions are recognized in five states -- Connecticut, Iowa, Massachusetts, New Hampshire and Vermont -- all as a result of court rulings or legislative action.

More on the Maine gay marriage vote at the Portland Press Herald and at the Bangor Daily News.

Other Election Results:

In other contests Tuesday, Washington state voters are on the verge of approving the "everything-but-marriage" referendum granting expanded domestic partner benefits to gay couples and unmarried heterosexual couples, with returns showing a razor-thin margin of 51 percent to 49 percent supporting the expanded status.

In Kalamazoo, Michigan, voters overwhelmingly supported upholding the city's anti-discrimination law that extends protection to LGBT individuals.

With polls showing a closely divided electorate, advocates on both sides of the issue predict it will be a long night before results are known in the latest battle over gay marriage.

But gay-rights supporters are optimistic this evening, as state officials reported this afternoon that voter turnout appeared unusually heavy for an off-year election, with no statewide or national candidates on the ballot.

Says Mark Sullivan, spokesman for No on 1/Protect Maine Equality, the coalition that is seeking to allow same-sex partners to marry, strong turnout "means we succeeded in reaching younger people and others who don't always vote."

Secretary of State Matthew Dunlap originally projected that 35 percent of voting age residents would turn out at polling places on Tuesday. Dunlap now says it appears that the turnout is outpacing those projections, and could be higher than 50%.

In South Portland, heavier than expected turnout led to a shortage of ballots this afternoon, the Portland Press Herald reports.

Susan Mooney, the city clerk, had anticipated a 60 percent turnout, but the 11,000 or so official ballots began running out at about 5:30 p.m. The city clerk has responded by sending more than a thousand photocopied ballots to polling places throughout the city.

On the ballot today, Question 1, is an attempt to repeal the state's gay marriage law that was passed by the Legislature and signed by Democratic Gov. John Baldacci last May but has never taken effect.

Maine's law will go into effect in 30 to 60 days if voters reject the measure.

Polls close at 8 p.m. ET.

Voters there will decide whether to repeal a law that would allow gay marriage. The law was passed by the Legislature and signed by Democratic Gov. John Baldacci last May but has never taken effect.

If voters reject the measure, the law would remian in tact and Maine would become to first state to approve gay marriage at the polls.

Bolstered by out-of-state money and volunteers, both sides jockeyed Monday to boost voter turnout.

The contest is considered too close to call, and both campaigns worked vigorously — with rallies, phone calls, e-mails and ads — to be sure their supporters cast votes in the off-year election.

Update: The most recent poll of 1,133 likely voters, conducted October 31-November 1 by Public Policy Polling, finds the anti-gay side winning 51-47, a result within the margin of error.

LGBT activists are in high gear tonight, issuing a “Red Alert” to all who favor marriage equality, asking them to step up participation in the campaign for No on 1 in Maine.

Opponents, of course, are hoping for a repeat of California -- when a state Supreme Court decision extended marriage rights to gay and lesbian couples, voters overturned it at the polls in November 2008 via the controversial Proposition 8.

As with many ballot questions, this question can prove somewhat confusing, in terms of what a yes and no vote means. Voting "no" on Question 1 means you support the law passed by the Legislature and are in favor of same-sex marriage in Maine.

Since Massachusetts became the first state to legalize gay marriage in 2004, Connecticut, Vermont, and Iowa have followed suit.

New Jersey and New York appear likely to address the gay marriage question in the relatively near future, and on Tuesday voters in Washington State will decide whether to give domestic partners the same rights as married couples.

To avoid another defeat, supporters of same-sex marriage were ramping up their grassroots efforts in advance of Tuesday’s vote on the proposed “people’s veto.”

Only if the initiative, known as Question 1, fails can same-sex couples marry in Maine.

Jesse Connolly, campaign manager for “No on 1,” said his campaign is working on identifying supporters of same-sex marriage and ensuring they make it to the polls.

“I think that we’re in as best a position as we could have hoped for heading into the final week, but we’re taking nothing for granted,” he said. “We have a lot of work to do and we’re continuing to execute all that work.”

Maine allows residents to vote by absentee for any reason, and Connolly said “No on 1” is asking supporters to vote early by absentee to help with volunteer efforts on Election Day.

Marty Rouse, national field director for the Human Rights Campaign, said there has been a groundswell of grassroots activity in Maine in the days leading up to the election.

“Wherever you go in the state, there is an active grassroots campaign against Question 1,” Rouse said. “The campaign, for over a year now, has done an absolutely terrific job of organizing at the grassroots level, identifying supporters of marriage equality and making sure their voices are heard.”

Recent polling data shows the race is a toss-up. One poll, published by Public Policy Polling on Oct. 20, found the race to be in a dead-heat.

Among those who responded, 48 percent supported Question 1 and another 48 percent said they were opposed. Four percent identified as undecided.

Connolly said the poll is “probably pretty accurate” and predicted “a razor-thin election.”

Full story, Washington Blade.