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A second shot at marriage in Maine

State LGBT group hopes to bring issue before voters

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The head of the statewide LGBT rights group in Maine is excited about the prospects for a November ballot measure that would legalize same-sex marriage.

Betsy Smith, executive director of Equality Maine, said during a Washington Blade interview on Saturday that a win in Maine on the initiative — the first voter-initiated pro-LGBT measure to appear on a state ballot anywhere in the country — would be “hugely significant.”

“Our opponents are always saying that we can win marriage in the courts and we can win marriage in the legislature … but when it comes to the people, we can never win marriage,” Smith said. “That’s the biggest thing. If we win at the ballot, it will be through the support of Mainers, of Americans, and that’s a really, really important statement that Americans are now believing that the freedom to marry is what should be the law of the country.”

Last week, Equality Maine — as well as allied groups Freedom to Marry and Gay & Lesbian Advocates & Defenders — submitted more than 105,000 signatures to Secretary of State Charles Summers, Jr., for certification of a ballot measure legalizing same-sex marriage. The number of names required for certification is 57,000, and Smith said she has significantly more than enough valid names to qualify for the ballot.

“There’s not a problem with the signatures,” Smith said. “We have, we think, around 85,000 to 90,000 valid signatures. So, in terms of validating, that’s not an issue.”

The secretary of state has 30 days to review the signatures and validate them, so the office will certify the measure by Feb. 26. Once the measure is certified, it won’t go directly to the ballot but to the Maine Legislature.

The legislature has three options. One would be passing the initiative on its own, an unlikely scenario that would result in the measure becoming law and the legalization of marriage rights for gay couples. Another, which Smith said she’s betting on, is the legislature indefinitely postponing action on the measure, sending it to voters after the lawmakers recess for the year in April.

But another option for the legislature that has drawn concern is the placing of an alternate question before voters alongside the proposition to legalize same-sex marriage. For example, the legislature could approve language asking voters to approve civil unions as an alternative to marriage, or same-sex marriage with extreme religious exemptions.

But Smith said she thinks the legislature won’t pursue this path, which could derail the effort to legalize same-sex marriage in Maine, because neither opponents nor supporters of same-sex marriage will want to go down that road.

“You’d have to have majority support for whatever you want to pass, so if it’s for civil unions, they would need to have a majority support civil unions,” Smith said. “Start thinking about where those votes come from. Well, the pro-marriage folks are not going to vote for it because we don’t want them to, and the anti-equality folks don’t support even civil unions for us, so when you start to add up how they get majority support, even though it’s a Republican legislature, it’s just really highly unlikely.”

But once the voter-initiated ballot measure is certified, the legislature can do nothing to kill it, so same-sex marriage would be on the ballot in Maine one way or the other.

November 2012 won’t be the first time that Maine voters have had to decide on the question of same-sex marriage. In 2009, Maine voters rejected a same-sex marriage law, signed by former Gov. John Baldacci (D), in a referendum by a vote of 53 percent.

Larry Sabato, a political scientist at the University of Virginia, said movement in favor of same-sex marriage within the American public at large and having President Obama at the top of the ticket bodes well for LGBT advocates the second time around at the ballot.

“While Maine is unusual politically, and can go back and forth between the parties and has an independent streak, it is very likely to back Obama again this fall,” Sabato said. “That probably helps passage. On the whole, I’d say it will be a tough fight, but prospects for approval are no worse than 50-50, and potentially could be better if the pro-marriage campaign is well run.”

One small change from 2009 that works in favor of passage is the change in the title for the measure. In 2009, the law was called “An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom.” But the proposed title for the 2012 initiative is “An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom.” Smith said research found this language played better with voters.

She said she believes an effective campaign will cost between $4 and $5 million. Although 2012 will be a competitive year and donors will have to make choices to give to the president, congressional races and ballot initiatives in other marriage states, Smith said her organization’s calculations “show we can raise that amount of money.”

But anti-gay forces are already making preparations to block these efforts.

Brian Brown, president of the National Organization for Marriage, in a statement last week pledged to fight the initiative and derided efforts to legalize marriage equality in Maine after the state rejected it in 2009.

“NOM intends to vigorously fight this attempt by same-sex marriage advocates to impose gay marriage in Maine,” Brown said. “Maine voters rejected gay marriage barely more than two years ago. What part of ‘no’ don’t gay marriage advocates understand?”

But Smith offered a litany of reasons why the outcome of a ballot measure in 2012 would be different. She said her organization made the decision to go to the ballot in December after it started gathering signatures last summer.

Among them, Smith said, are internal polls showing that support for same-sex marriage is somewhere between 53 and 54 percent.

“We have been running a public education initiative that we ramped up significantly in 2011, including knocking on 110,000 doors, having conversations with around 40,000 Mainers about why marriage matters in an effort to engage them in what we call a persuasion conversation,” Smith said.

Smith added her organization looked at the strength of the coalition and the willingness of volunteers to collect 105,000 names to put same-sex marriage on the ballot, which she said “indicated to us that volunteers are really excited and happy to get back involved.”

“So those are the … things that make 2012 different and led us to make the decision that we have the window of opportunity to win,” Smith concluded.

 

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National

Madonna roundup: Reviews, sales, and love for ‘Danceteria’

Pop legend’s new album ‘Confessions II’ earning raves

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Madonna isn’t just back, she’s ubiquitous. 

From a Times Square takeover to Graham Norton’s couch, the pop legend is busy promoting her new album, “Confessions II,” a sequel to 2005’s “Confessions on a Dance Floor,” that is earning rave reviews.

“Madonna’s back in peak form with a fresh and honest dance record that’s not only her best in 20 years, but a genuinely vital addition to her canon,” says Pitchfork.

“Facing grief and loss has made Madonna’s music deeper than it’s been in 20 years, but also more alive,” the Guardian proclaims.

“If everyone in the club is a work of art, as ‘Danceteria’ says, then to live loudly is to make an indelible mark,” according to Vulture.

The album features upbeat dance productions along with some melancholic views on death and loss. On the song “Betrayal,” she reflects on the recent death of her stepmother Joan, singing, “You’ll never take my mother’s place … you betrayed me, you enslaved me.”

On “L.E.S. Girl,” she revisits her early days living on the Lower East Side and struggling to pay the rent. “Bizarre” seems to reference her failed 1980s marriage to actor Sean Penn. “Test” is a duet with daughter Lola Leon, in which she sings, “I wish I knew / The pain I’ve caused / My butterfly / Was always being watched.”

But the emotional high point of the album comes on “Fragile,” which she wrote about the death of her brother Christopher. The two were close early in Madonna’s career and he designed sets for early tours, including “Blonde Ambition.” But they had a falling out after her marriage to Guy Ritchie and he wrote a scathing tell-all book about his sister that led to years of estrangement. The two reconciled after Christopher’s cancer diagnosis and shortly before he died in 2024 at age 63. She sings, “Late last night I was fast asleep/You came to me in a dream/You said, ‘Don’t forget about me/Don’t forget to be happy.’”

Death emerges again but in a much more upbeat context in “Danceteria,” an ode to the iconic New York nightclub that has emerged as a gay favorite single and seems destined to be the song of the summer in queer nightlife. She recounts her pre-fame days trying to convince a DJ to play her first single “Everybody” at the club and name checks Jean-Michel Basquiat, Keith Haring, best friend Debi Mazar, and DJ Mark Kamins on the track. 

Streaming numbers and sales are strong for the new album with projected first week sales of 100,000 ensuring a No.1 debut in the U.S. 

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U.S. Federal Courts

Three overlooked court rulings limited White House anti-trans policies

Supreme Court narrowed trans rights, advocates saw victories in other decisions

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(Bigstock photo)

While the U.S. Supreme Court’s decision in West Virginia v. B.P.J. continues to dominate headlines about transgender rights, three recent federal court cases produced significant rulings that limited or temporarily blocked Trump-Vance administration policies attacking trans Americans.

Talbott v. USA

Trump issued Executive Order 14183, “Prioritizing Military Excellence and Readiness,” on Jan. 27, 2025, banning trans people from serving in the military. The following day, GLAD Law and the National Center for LGBTQ Rights filed a federal lawsuit in the U.S. District Court for the District of Columbia challenging the ban on behalf of six active-duty service members and two individuals seeking to enlist. The organizations argue the policy violates the Fifth Amendment’s guarantee of equal protection under the law.

The plaintiffs sought a nationwide preliminary injunction — a temporary block on enforcement of the executive order while the litigation continued. The district court granted that injunction and later rejected the Trump-Vance administration’s request to dissolve it, temporarily protecting trans service members from being discharged solely because of their gender identity.

That protection, however, was short-lived. In Shilling v. Trump, the Supreme Court stayed the lower court’s injunction, allowing the military to begin enforcing the trans service ban while litigation continued. The U.S. Air Force subsequently required trans service members facing involuntary separation proceedings to appear in uniforms and grooming standards corresponding to their sex assigned at birth and, in some cases, used their deadnames during those proceedings.

Despite that setback, the plaintiffs secured two significant legal victories during Pride month.

On June 1, a federal appeals court blocked the discharge of the trans service members involved in Talbott. Then, on June 30, a federal district court certified the case as a class action on behalf of all currently serving trans service members. That means future rulings in the case will apply not only to the original six plaintiffs but to all active-duty trans military personnel covered by the class.

The case remains ongoing, but class certification significantly strengthens the ability to protect trans service members as the litigation continues. Currently, there are 28 plaintiffs in total, including the two still attempting to enlist.

Z.A. v. Blanche

In Z.A. v. Blanche (formerly Z.A. v. Lucile Salter Packard Children’s Hospital at Stanford), the U.S. District Court for the Northern District of California issued an emergency order one day before a federal grand jury subpoena was set to be enforced on July 2. The order blocked the Department of Justice from obtaining confidential medical records belonging to California families whose children receive gender-affirming care.

The ruling relied in part on protections established under the Health Insurance Portability and Accountability Act (HIPAA), the 1996 federal law governing the privacy and security of medical records.

The decision represented a significant check on the administration’s efforts to obtain sensitive patient information, protecting the privacy of trans patients and their families while the legal challenge proceeds.

Doe v. Blanche

Doe v. Blanche, which remains ongoing, challenges Trump’s executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. Under policies implementing that order, many trans women in federal custody would be housed in men’s prisons.

A federal district court in D.C. granted a preliminary injunction blocking enforcement of a Bureau of Prisons policy that would require incarcerated trans women to be housed in men’s facilities regardless of individualized safety assessments or the risk of sexual assault.

The Bureau of Prisons policy also conflicts with the goals of the Prison Rape Elimination Act (PREA), enacted by Congress in 2003 to address sexual abuse in correctional facilities through standards, research, funding, and prevention measures. Federal data has consistently shown that trans people in custody experience sexual assault at dramatically higher rates than the general prison population.

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Commentary

When a church fears the rainbow

Puerto Rico pastor objected to Pride symbols outside congregation

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(Washington Blade photo by Michael Key)

There are moments when an incident stops being merely a local story and begins to reveal something much deeper. What happened on June 28 outside One Church, in Comerío, Puerto Rico, belongs in that category.

I do not know who painted the rainbow colors on the asphalt and on a roadside guardrail. I do not know what motivated them, and it is not my place to justify their actions. If someone believes a law was broken, there are authorities and legal mechanisms to address that. That is not the point of this reflection.

The point is the words that followed.

Hours after those colors appeared, Pastor Jorge J. Santiago Reyes went live on social media. He said he felt threatened. He described what happened as a physical attack against his church. He appeared angry and disappointed. He called those who painted the rainbow “cowards” and “charlatans.” He expressed frustration with the support that, according to him, the municipal government of Comerío has shown toward the LGBTQ community, and with those who support posts related to that community. He repeated several times that the people responsible had “crossed the line.” He ended his message by saying, “These charlatans have to be stopped.”

As I listened to his words, I stopped thinking about the paint.

I began thinking about fear.

There is one phrase the pastor repeated again and again: “They crossed the line.” Yet he never explained what that line was. If he was referring to a possible violation of the law, that is for the authorities to determine. If he meant respect for property, there are also procedures to deal with that. But when that line remains undefined and the message begins to associate a rainbow with a threat, the question changes. It is no longer only about a guardrail or a road. It becomes a question about what boundary, in the pastor’s view, was actually crossed.

Paint can be erased.

A brush can cover the asphalt and return a guardrail to its original color.

What does not disappear so easily is the meaning of those colors.

And perhaps that is where the real conflict begins.

It is significant that this happened precisely on June 28, the day when the LGBTQ community remembers a history marked by exclusion, violence, and the struggle for dignity. What represents memory, hope, and the possibility of living without hiding for millions of people was presented by others as a threat.

I do not know why someone painted that rainbow. I do not need to know in order to ask whether those were the words society should expect from a pastor.

A religious leader may feel hurt, frustrated, or angry. What he cannot forget is the responsibility that comes with every public expression. His words do not end when a livestream ends. They move beyond the space of his church, reach people who may never share his faith, and help shape the way others see those who think differently. When a pastor calls other people “charlatans” and “cowards,” says they “have to be stopped,” and turns a rainbow into evidence of an attack, he is no longer speaking only from frustration. He begins to build a discourse that can feed rejection toward a community far larger than the people responsible for that act.

There was another moment in the livestream that caught my attention. The pastor reminded viewers how much he has served Comerío, how much he has accompanied his community, and how much he has worked for it. I have no reason to question that service. I am sure many people can testify to the good he has done.

That is precisely why it was difficult to hear.

Pastoral vocation is not about reminding a town of everything one has done for it when conflict appears. Service does not lose its value when it goes unrecognized; it loses something when it becomes an argument to claim a moral position from which to speak down to others. A person who serves does so because that is the nature of the calling, not because that service grants authority to discredit those who think differently.

As a pastor, that part of the message left me deeply uneasy. Not because I expect ministers of God to be perfect. We are not. But because our words carry weight, we are called to speak with greater responsibility. Some expressions build bridges. Others raise walls. Some words invite encounter. Others end up justifying rejection.

The paint will disappear. A brush will be enough to cover the asphalt and return the guardrail to its original color.

The words will not disappear as easily.

They will remain recorded in a video, shared again and again on social media, and remembered by those who heard them. They will remain long after the last trace of paint has been erased.

When this episode is remembered, it probably will not be because of the rainbow that appeared outside One Church, in Comerío, Puerto Rico.

It will be because of the words a pastor chose to use when speaking about it.

And that difference changes everything.

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