What’s next for same-sex marriage

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On Tuesday, Maine voters headed to the polls and reversed the state legislature’s decision to permit gay marriage. Maine is the third state in the country where voters repealed a legislature-granted law allowing same-sex marriage, and the 31st state to ban gay marriage outright.

Is this repeal is part of a larger national trend? The emotional and strategic stakes for those trying to figure out what to do next are high.

Jill Barkley, a resident of Portland, Me, who was planning to marry her partner next summer, is disappointed, but also sees progress being made.

“Obviously it’s a heartbreaking loss, but I think it’s also important to remember that almost half of the voter who went to the polls voted for these rights to be bestowed on same-sex couples here. I think that that is something we can continue to work for.”

For Andrew McLean, a gay man in Portland, Me, who volunteered with Equality Maine, it comes down to more years of waiting for equal rights.

“The fact remains that there are thousands of gay and lesbian couples who are still denied those basic rights that come along with marriage and will have to wait a couple of years to hopefully get on board with another campaign to get those rights.”

McLean asserts that popular vote is not the right way to deal with rights issues. “History tells us that it doesn’t work. If Brown vs Board of Education would not have happen, we would not have had desegregation if it was put up for a popular vote. We get into a lot of trouble in this country when we put up people’s rights for a vote.”

Suzanne Goldberg, Columbia Law Professor and Director of The Gender and Sexuality Law Program, believes there’s an upside of Maine’s No-vote on Gay marriage.

“I think what the campaigns tell us is that the tipping point is in sight. That for people who want marriage equality for same sex couples the glass is nearly half full. And if we look at the campaigns not just in the moment but in a broader frame, what we see is that the change has been steady and that it’s really just a matter of time before we get to the point where gay and lesbian couples can marry freely.”

Goldberg says the conversation around same sex marriage is also growing in many areas of society.

“Apart from the president, there are plenty of figures both national and local in every jurisdiction and around the country who are speaking out. What we see is that number was very small just a few years ago, and it has ballooned so that the cultural conversation along with the political, the legislative, and the judicial conversations are changing.”

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