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Mark Ellis is a former chair of the Maine Republican Party.
As a Mainer, I am proud that in 2012, we led an effort to bring marriage equality to the ballot and won. We were the first state where marriage rights were extended to same-sex couples by citizen-led referendum. As a former chairman of the Maine GOP, I was proud that this was an effort joined by countless Republicans like myself. Ten years later, the U.S. Senate has the opportunity to solidify this freedom into federal law. Action in support of this measure is prudent, wise and long overdue.
Some opponents of equal rights argue that the Respect for Marriage Act, a bill all Mainers should be proud was introduced by Republican U.S. Sen. Susan Collins, is perhaps not needed. They argue that our 2012 ballot referendum, and the subsequent Supreme Court ruling three years later in Obergefell v. Hodges, settled this question. That notion was turned on its head in June, when Supreme Court Justice Clarence Thomas used his concurring opinion in Dobbs v. Jackson, to call on the court to reassess their ruling in Obergefell. Thus, the civil marriages of more than one million Americans are now in jeopardy because of changing political winds and judicial majorities in Washington, D.C.
The Respect for Marriage Act is the antidote to the present fears harbored by the LGBTQ community, and the millions upon millions more who care for their wellbeing. Recent polling has indicated that more than 70 percent of Americans already view same-sex civil unions to be settled law, including a majority of Republican voters. A bipartisan majority that included 47 Republicans, in the U.S. House voted to pass this bill in July. It’s now up to the U.S. Senate to get this bill to President Joe Biden to codify same-sex marriage into law. There is no time to waste.
Committed couples from Maine shouldn’t have their legal status trapped as “conservative” jurists seek to overturn established precedent or “return the matter to state legislators,” as was done with the right to privacy with the Dobbs decision. If Republican senators wish to remain true to the cause of freedom and sustaining stronger families and communities through the stability of loving couples, they should join with Susan Collins and pass this bill.
The Respect for Marriage Act is simple and straightforward — in fact it’s only four pages long. It formally rescinds the Defense of Marriage Act, a law already deemed unconstitutional, and sets that lawful marriages performed in Maine or elsewhere be granted full faith and credit by every other U.S. state. Notably, this bill does not infringe on religious liberty. For example, the Catholic Church will not be forced to solemnize unions they don’t recognize. In fact, Collins is working closely with her conservative colleagues to add explicit amendment language to the bill that reaffirms religious freedom.
America has long looked to Maine as a veritable North Star for strong, commonsense values. Our leaders at the state and federal level have long upheld this tradition, and we should all be proud that Collins is using her considerable clout and relationships to secure what is the most basic freedom of our society: to love and be loved for who you are.