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Same-Sex Marriage in Maine

Types of Unions for Same-Sex Couples

In the United States, there is currently a state-by-state patchwork of laws granting various degrees of recognition to same-sex unions.

A small minority of states currently recognize same-sex marriage. Others recognize legal unions for same-sex couples that offer some or all of the rights associated with marriage, but go by a different name. The majority of states, however, do not recognize any type of legal union for same-sex couples.

The Situation in Maine

Maine currently offers domestic partnerships for same-sex couples, and has done so since 2004.

These partnerships offer some of the legal rights and responsibilities associated with marriage, but not all of them.

Domestic partners in Maine are treated as each others’ next of kin, can inherit all or part of a partner’s estate if the partner dies without a will, can make funeral and burial arrangements, can visit their partner in the hospital, can authorize organ and tissue donations from the body of a deceased partner, and are covered by Maine’s domestic violence statutes.

In 2009, the legislature of Maine passed a law that would legalize same-sex marriage in that state. The bill was signed by the governor, and for a time, it appeared that Maine would be added to the short list of states that recognize same-sex marriage.

However, on November 3, 2009, Maine voters approved a “people’s veto” of that law, which prevented it from taking effect. This means that same-sex marriage is not recognized in that state, but the domestic partnership system is unaffected.

Problems with Federal Law

The federal government is prohibited under the Defense of Marriage Act (DOMA) from recognizing any form of legal union for same-sex couples. Accordingly, individuals in such unions are treated as unmarried by the federal government.

Also, entering any type of official union with a person of the same sex triggers the military’s “don’t ask, don’t tell” policy, and could result in one being discharged. If you or your partner are in the armed forces, this is an important consideration.

Do I Need an Attorney?

Nationwide, same-sex marriage remains extremely controversial, and the law reflects this fact: several states have legalized it, or created alternative unions for same-sex couples. Many more states, however, have not. Furthermore, as the recent election in Maine has shown, the situation can change overnight.

Accordingly, if you and your partner are considering entering into a domestic partnership, you should consult with a qualified family law attorney in Maine to see exactly what rights will be protected. An attorney will also be able to advise you of the possible legal consequences of entering a same-sex union, which laypersons may not foresee.

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