Gay leaders blame TV ads, Obama for loss in Maine
11.05.2009 8:45am EST
(San Francisco) Stunned and angry, national gay rights leaders Wednesday blamed scare-mongering ads – and President Barack Obama’s lack of engagement – for a bitter election setback in Maine that could alter the dynamics for both sides in the gay-marriage debate.
Conservatives, in contrast, celebrated Maine voters’ rejection of a law that would have allowed gay couples to wed, depicting it as a warning shot that should deter politicians in other states from pushing for same-sex marriage.“Every time the citizens have voted on marriage, they have always sided with natural marriage,” said Mathew Staver, founder of Liberty Counsel, a Florida-based Christian legal group. “Maine dramatically illustrates the will of the people, and politicians should wake up and listen.”
Gay activists were frustrated that Obama, who insists he staunchly supports their overall civil rights agenda, didn’t speak out forcefully in defense of Maine’s marriage law before Tuesday’s referendum. The law was repealed in a vote of 53 percent to 47 percent.
“President Obama missed an opportunity to state his position against these discriminatory attacks with the clarity and moral imperative that would have helped in this close fight,” said Evan Wolfson of the national advocacy group Freedom to Marry. “The anti-gay forces are throwing millions of dollars into various unsubtle ads aimed at scaring people, so subtle statements from the White House are not enough.”
The White House, asked about the criticism, had no immediate comment.
The marriage debate is simmering in at least a half-dozen states where a same-sex marriage bill is pending or where a court ruling or existing law is being eyed by conservatives for possible challenge.
Had Maine’s law been upheld by voters, it would have become the sixth state to legalize gay marriage – and the first to affirm it by popular vote. In Massachusetts, Vermont, Connecticut, New Hampshire and Iowa, gay marriage resulted from court decisions or legislation.
California is sure to be a major battleground over the next several years. Last year, conservatives succeeded in winning public approval of Proposition 8, which overturned a state court ruling allowing gay marriage. Gay rights groups want to take the issue back to the voters but are divided on a timetable.
In the aftermath of the Maine vote, some California activists appealed to their supporters for money to help them put a measure on the 2010 ballot. Other activist leaders want to wait until 2012.
“It’s never too early to go back to right a fundamental wrong,” said Chaz Lowe of Yes! on Equality, who favors shooting for 2010. “A lot of people are angry, a lot of people are upset. It at least has the potential to be a mobilization for the grass roots.”
Some California activists said the outcome in Maine strengthened their belief that it will fall to the U.S. Supreme Court – not the voters – to make gay marriage legal. A federal lawsuit challenging Prop. 8 is scheduled to go to trial in January, the first step in a legal journey that is expected to reach the high court in a few years.
“The results in Maine underscore exactly why we are challenging California’s same-sex marriage ban,” said Chad Griffin, president of the American Foundation for Equal Rights, the Los Angeles group spearheading the lawsuit. “The U.S. Constitution guarantees equal rights to every American, and when those rights are violated, it is the role of our courts to protect us, regardless of what the polls say.”
The situation elsewhere:
- In New Jersey, the election Tuesday of Republican Chris Christie as governor puts extra pressure on gay rights supporters to win passage of a pending same-sex marriage bill before the legislative session ends in January. Christie says he would veto such a bill, while lame-duck Gov. Jon Corzine, a Democrat, says he would sign it.
- In Iowa, where the state Supreme Court legalized gay marriage last April, conservatives have no quick way to overturn the ruling. Their only option would be to amend the state constitution through a ballot measure – in 2014 at the earliest – and that effort would need approval from a legislature whose current Democratic leaders don’t even want to debate the issue.
- In New Hampshire, conservatives have filed legislation to repeal the state’s new gay-marriage law and amend the constitution to ban such unions. Kevin Smith, executive director of the conservative Cornerstone Policy Research, said he doubts the measures will pass, but hopes the vote in Maine will give gay-marriage opponents ammunition for the 2010 elections.
“It gives us more fodder to go back to people and say, ‘Look, they aren’t letting you vote on it,’” Smith said.
- In Washington, D.C., conservatives are trying to force a popular vote on a bill headed toward City Council approval that would legalize gay marriage. Michael Crawford, one of the leaders of the local pro-gay marriage campaign, said the result in Maine increased his determination to avoid a ballot measure.
“The same cabal of anti-gay groups who stripped away marriage equality from our families in California and Maine now have their sights on D.C.,” he said.
Crawford was among numerous gay rights leaders complaining about the campaign tactics of the groups that opposed same-sex marriage in Maine and California.
In both states, California-based political strategist Frank Schubert oversaw an advertising campaign warning that “homosexual marriage” would be taught in public schools.
The campaign to defend gay marriage countered that Maine’s state curriculum guidelines contain no reference to marriage, and the state’s Democratic attorney general, Janet Mills, issued an opinion backing that up. But the ads continued.
“It is infuriating to see that the same fear-mongering ads that were used to pass Prop. 8 a year ago have triumphed again at the expense of so many,” said Joe Solmonese of the Human Rights Campaign, the largest national gay rights group.
Tony Perkins, president of the conservative Family Research Council, came away with a different message.
“Over and over again, the American people have affirmed marriage at the ballot box and turned aside the demands of a movement that remains largely driven by Hollywood, some extreme activists and a few activist judges,” he said. “We hope the message sent by Maine’s voters will be heard in Washington and state capitals around the nation.”





My opinion…it is the wording on these Propositions/Amendments/Bills. They are too confusing even for an educated person. Yes – I don’t want LGBT to have the right to marry or No – I want LGBT to have the right to marry. Okay…what is your choice. They are all worded this way. Why?? Is it meant to be a trick?? I think we need to go to those who are writing these contradictions and petition to have them re-written before doing anything!!!
Ochlocracy has NO place in a true democracy. Time it was banned altogether in all states.
I think one tactic LGBT voters could use in states where mob rule is legal, is to push for the removal of tax exemption of any religious cult interfering in the political process and banning state governments issuing secular marriage licenses to those who opt for a religious ceremony, thereby forgoing state rights and privileges that come with marriage for starters. Maybe that would send a clear message to the bigots how it feels to be hated, which is what these referenda are all about, no matter how they try to skew it as otherwise.
There is simply no winning for Obama. If he focuses on Afghanistan, financial institutions, health insurance reform, and the list goes on, he’s ignoring something else. I wonder how many people (Republican OR Democratic) would rise up and protest his ignoring of aforementioned issues if he *had* come out in support of virtually any ballot measure or candidate up for the vote in 2009’s election/poll. The real story here is NOT about President Obama or his lack of involvement in Question 1 or any other such measure, it is about the success of religious institutions infiltrating the political sphere.
The only one to blame is whoever decided that it was ok to vote on their rights as an American.
I refuse to beg for my rights of citizenship. Anyone who says “maybe in 2010″ is freaking delusional. It’s either crazy or plain stupid to keep doing the same thing year after year and expecting different results.
There are some saying “we can wait until the bigots die off”. Here’s a news flash for you. We have a bigot factory in our culture that is designed to take open young minds, recruit them and twist them into a systme that thrives on hatred and political indoctrination, organized religion. We will always have a vocally active base of people who openly hate us.
Screw them!
It’s way past time to stand up and demand our rights and tell the haters their religion has no say in our rights as American citizens and they need to find a new fucking hobby!
I agree that the primary failure was in the initial wording of the referendum. Voting ‘No’ for a PRO-GAY measure is in itself an obstacle to the voter to make a positive choice.
I also think the ads I saw were rather vague and unimpressive. Bad ad-agency choice, in my opinion. Too soft and fuzzy. Not enough up-close views of happy LGBT families with their words.
Finally, the good lesson for young LGBT people is this: The fight for your rights is not over and may not be over in your lifetime. Organize. Be strongly ‘out’ and visible everywhere in your own life. Do not ape straight people’s values. Be who you are, a SEXUAL-Preference minority, and don’t give up the fight to have equal rights.
Yhitzak, it’s his JOB. It’s what he ran and asked for. It’s what he promised he would do and why thousands voted for him, campaigned for him and sent their hard earned money for. Perhaps, just perhaps he could have taken five full minutes out of his schedule of doing the late night talk show circuit, DNC fundraisers or flying around the country campaigning for democratic contenders to be the “fierce defender” of gay rights he promised during the campaign. He’s not supposed to “win”, he’s supposed to do the job he was hired to do. If it’s too difficult or he cannot multi task, maybe he should have stayed a do nothing senator. I’m so tired of people still living in “campaign mode.” He’s not your boyfriend or brother, he’s the president and should be able to tie his shoes and chew gum at the same time. Get your head out of this mind set that we cannot criticize or voice our dissatisfaction because somehow he’s “our” president because we voted for him or he’s a democrat and we’re only allowed to criticize republicans.
Every single thing that was happening before the election is still happening now. I expect him to keep the promises he made to get my vote and my money. If he can’t, next time I’ll vote for someone who can handle the work load.
I do believe that our civil rights should never be decided by ballot. What civil right has ever been passed by popular vote. I am amazed that it is split almost 50/50. We need to get our legislators to create ballot proof laws, go to the courts with equal rights under the law suits and get the religious groups to lose their tax exempt status.
Tell your story to people every day. Live out and proud. Talk to your neighbors. Get active in your communities. Talk to your legislators. Keep hope alive that we will be able to get the same rights as anyone.
I met a conservative individual this weekend while collecting postcards supporting marriage equality in NJ to send to our legislature. He said why do you want special rights. I asked him if he were married? He said yes. I said that is all I want. No special rights, just the same rights. As his eyes went wide, he asked me for a post card to implore his senator to support Marriage Equality. Senator Tom Kean in Union county, it would be great if you could also lead the charge.
Lets get smarter and be ourselves. That will sway public opinion. Then let’s go after the tax law breakers and stop their vitriol about our lives, on our backs, for our childeren, for our partners, spouses, future generations. Get bold.
Here here, Yhitzak! I agree completely. I don’t think Americans are swayed that much by Barack obamas support of the gay movement.
This is about religious institutions once again sticking there nose were it doesn’t belong, in politics! They claim that they want nothing to do with political matters, yet they can’t help shoveling there “tithe” money towards political agendas that ultimately benefit them or there sense of “morality”.
I love making the comparison of Republicans to Pharisees of the Bible. The Pharisees payed Judas 30 coins of silver to back stab Jesus, and they’re at it again with gay rights. Using power and influence for what they “know” is right.
2000 years from now, The world will shake its head in shame at the treatment of Gay people today.
Why are people so surprised at Obama’s passive, non-involvement in this election. He did the same thing with proposition 8 in California issuing a letter saying he opposed Proposition 8 but that was the extent of his involvement. As president Obama has uplifiting rhetoric but does nothing else. As Harry Reid, the Senate majorilty leader who supports the repeal of DOMA says “We’re looking for direction and leadership on this (from the white house)”. Obama gives none.
However, blaming Obama and the opposition focuses blame away from the gay leadership who comes up and tries to execute the same losing campaign tactics which were tried in California. Maine should have been won. As long as political strategists allow the oppostion to go unchallenged with their dishonest, inflammatory and emotionally laden television and radio ads, gay marriage will continue to lose and lose. I would recommend that all gay political leaders and strategists who are involved in the gay marriage election struggles consult with Bill arville and watch the documentary “The War out Clinton’s campaign – “never let a negative ad go unchallenged and react immediately” otherwise the damage has been done. We have let the religious right, and neo-cons walk all over us – its time to attack back and marginalize them just as forcefully and aggressively as they have done with us.
Sorry for the typing error – the documentary I refer to is “The War Room” which is about Clinton’s presidential campaign.
Canadian Observation:
1. Forget about blaming Obama. If he supports gay marriage, he will get nothing done for anybody as he will be hung out to dry. Better to have a president who will not actively campaign against you than a repub who will. Undermining Obama undermines your own objectives.
2. It’s OK to get angry, but labelling your opposition a bunch of bigots simply incites counter anger and counter opposition. It helps your opponents raise money.You will not win the middle that way.
3. Take every opportunity to educate educate educate;
4. Get active. Employ civil disobedience. March. Do not ride the bus if you are forced to ride in the back. Botcott. Picket. Mobilize.
5. Look to federal legislation like DADT. Once homosexuals can serve in the forces,you can say: look, our men and women are dying for you, and you won’t permit them to marry? Come on.
5. Litigate against the churces that take an active role in opposing rights, and use tax exempt buildings and resourses to do so. They are using your own tax dollars against you. Tie them up in litigation. Even if you don’t win, you’ll make them think twice about employing an active role.
If you do not address this church thing (which by the way is so totally bizzare in a modern western democracy)then you will lose lose lose.
I’m as dissapointed, angry and frustrated as the rest of us, but I do see some hope. when our haters say stupid things like “Maine dramatically illustrates the will of the people” when faced with the fact that they did not dramatically decide this, it tells me they are as scared as ever and still lying.
This was close. Remember a lot of conservatives came out for two anti tax initiatives (which lost, showing the impact of the negative ads on all voters) so this was not even a reading of the people of Maine. It was a reading of which side can get their vote out.
almost half of that non representative group voted to protect our rights.
As mad as I am, I won’t be burning any churches down, but I will continue to confront the bigots loudly in public until we have more people on our side.
and I hope we win in the courts sooner, but I still see a majority of support, if we could just get all those people to vote.
You can lay blame here, there and everywhere until the cows come home. But the fact of the matter is, and continues to be, for starters, you cannot and must not encourage the general populace to override the rights of a minority. The sheep will blindly follow their religious leaders and conservatives without any concept of the affect it will have on others on members of the minority. And in the end you might as well throw your Constitution into the garbage because it does not mean a hill of beans to anybody.
Complaining about the ballot wording, particularly in Maine, is pointless. The law governing “people’s vetos” in Maine stipulates that a “no” vote is required in order to uphold the law. If you want to lobby on something, lobby on that. Since this pertains to all laws in Maine, there is no telling who might end up needing a “no” to support them next time around, so good luck with that.
Criticizing the President is equally pointless. His role in situations like this is passive; he has already said he will sign laws overturning DADT and DOMA but he won’t lobby for them. And he believes that marriage laws should be left up to the states. We have our work cut out for us. Isn’t learning from our mistakes and moving ahead far more useful than blaming and fingerpointing?
Marcus99’s strategy is spot-on! I particularly like the idea of a strategic effort to litigate the church’s use of tax-exempt resources to support anti-gay ballot measures.
We should also be lobbying our Congresspeople for tougher election finance legislation that reigns in the 523-type ad campaigns. A lie is not protected speech under any constitution I know of. Force these groups to prove the “facts” they are asserting in the ads with at least two reputable, peer-reviewed studies before they can publish.