The Empowering Spirits Foundation said its challenge was filed at an Internal Revenue Service office in Dallas. The San Diego-based group said the diocese is engaging in political activity by collecting signatures for the referendum, violating IRS rules applying to nonprofits.

The ballot question would overturn Maine’s gay marriage law. Gay marriage foes need the signatures of at least 55,087 registered voters to get the question on the ballot. The petitioners have until three months after the Legislature adjourns, which is expected to happen in mid-June, to collect the signatures.

IRS policy allows the diocese to participate in the campaign and help collect signatures, said Marc Mutty, public affairs director for the diocese. He rejected the IRS challenge as a “bogus attempt to sidetrack the campaign.”

Leonard Cole, a Portland attorney who specializes in tax and nonprofit issues, suggested that the church’s involvement could put it at odds with IRS rules that restrict lobbying by tax-exempt nonprofits.

“It’s hard for me to imagine how you seek someone’s signature on a petition without it arguably at least being an attempt to influence their vote once the measure was on the ballot,” Cole said.

Meanwhile, about a dozen gay-marriage supporters gathered in a park across the street from Maine’s Capitol to thank the Legislature for enacting the bill and Gov. John Baldacci for signing it earlier this month. The gathering also marked the start of the supporters’ campaign to defeat the referendum.

One of the participants, Carla Hopkins of Mount Vernon, said she was not discouraged that a same-sex marriage bill in New Hampshire has been set back by a House vote. Efforts are under way to negotiate a compromise acceptable to Gov. John Lynch.

“We’re riding high on what’s happening here in Maine,” said Hopkins, adding that she hopes to see similar laws passed throughout New England.

Four other states, Connecticut, Iowa, Massachusetts and Vermont, allow gay marriage.

©365Gay.com 2009

Although no legislation has been introduced in the state House, LGBT groups are gathering support for gay marriage. Bills have been filed in neighboring Vermont and New Hampshire.  Same-sex marriage already is legal in Massachusetts and Connecticut.

The pastoral letter by Bishop Richard Malone was read at Sunday mass and called on Catholics to work to preserve the traditional sacrament of marriage.

The letter said that redefining marriage strips the institution of an essential component, “namely the ability and obligation to procreate.”

Malone’s letter was read as hundreds of gays and lesbians marched in Portland’s Monument Square to protest California voters’ rejection of same-sex marriage, and only days after a group of Maine ministers from different faiths announced their support for gay marriage.

The pastors held news conference to say they had the support of more than 120 religious leaders representing 14 different faiths from throughout Maine.

The group has formed the Religious Coalition for the Freedom to Marry in Maine to raise awareness of the same-sex marriage issue.

Maine law defines marriage as the union of a man and a woman.

Conservative social organizations two months ago formed Marriage Alliance to advocate for a constitutional amendment to bar gay marriage.

Equality Maine, which supports same-sex marriage, said it had gathered more than 33,000 names and addresses at the polls on Election Day that it will use to fight any proposed amendment.

Earlier this year, a bid by conservatives to mount a referendum drive to wipe out all protections for LGBT citizens in Maine fizzled.

The Christian Civic League of Maine needed more than 55,000 signatures by next January to place its proposal on the statewide ballot in November 2009. But it admitted it was only able to gather about a tenth of that.