AUGUSTA – One of the state’s most vocal opponents of gay rights has initiated a referendum aimed at banning same-sex marriages or civil unions and prohibiting same-sex couples from adopting children.

The referendum also would eliminate sexual orientation as a protected class under the Maine Human Rights Act and would take away funding that supports civil rights teams affiliated with the state Attorney General’s Office.

Michael Heath, executive director of the Christian Civic League of Maine, said that if the Secretary of State’s Office approves his petition, he’ll begin recruiting organizers to gather signatures. Putting a referendum on the state ballot requires about 55,000 signatures, or 10 percent of the turnout for the last gubernatorial election.

“We’re mindful, politically speaking, of the fact that there are remaining questions with regard to gay rights,” Heath said Wednesday by telephone, adding that “the only real question remaining is whether same-sex marriage will eventually be allowed under the law.”

“We’ve decided to put our own views out there on this and start the debate.”

A referendum in 2005 also led by Heath sought to overturn a Maine law protecting gays. If that discussion is any indicator, the debate is likely to be heated.

Shenna Bellows, executive director of the Maine Civil Liberties Union, sharply denounced the proposed referendum.

“Mainers have spoken loud and clear that Maine won’t discriminate,” she said. “We will vigorously oppose this referendum that is founded in hate and fear-mongering.”

Betsy Smith, executive director of Equality Maine, a gay, lesbian, bisexual and transgender advocacy group based in Portland, also criticized Heath’s referendum.

“The question that he has submitted to the secretary of state is so broad that it’s ridiculous,” Smith said Wednesday by telephone. “I don’t even know if it’s legal to put a question like that on the ballot. He basically wants to repeal any rights gays have gotten.”

The proposed referendum, which contains four parts, was presented last Friday to the Secretary of State’s Office. Secretary of State Matthew Dunlap said Wednesday that his role in the process is simply administrative.

“The proposal has been transmitted to our reviser’s office, which will review and draft the language, at which point we will create a petition,” he said.

Dunlap, who said he supports the petition process whether or not he agrees with any particular referendum, stressed that the most important thing is that voters understand the question before them.

The question as it was submitted reads: “Do you want to protect traditional marriage and eliminate special rights laws in Maine?”

A description of the referendum indicates that it will clarify Maine’s marriage law, limiting the institution to one man and one woman. It also would forbid the establishment of civil unions. The referendum further seeks to remove sexual orientation from the Maine Human Rights Act and to eliminate any state funding for civil rights advocacy through the Attorney General’s Office.

In the last several years, Maine residents have been difficult to read on the issue of gay rights. In 1995, voters soundly rejected an attempt to repeal local gay rights initiatives and prohibit the future adoption of others. In 1998 and 2000, voters rejected gay rights initiatives.

In 2005, however, an effort to overturn a Maine law that prohibited discrimination against homosexuals in the areas of housing, education and employment was rejected.

The referendum known as Question 1, which also was spearheaded by Heath and the Christian Civic League, generated widespread debate on both sides.

With strong advocacy from Maine Won’t Discriminate, a gay-rights group that mobilized to oppose the question, 55 percent of voters rejected overturning the law. Still, seven of the state’s 16 counties supported the referendum, which suggests a divide on the issue remains.

Heath indicated shortly after the 2005 election that, despite the loss, he planned to go after gay marriage. A posting on the Christian Civic League’s Web site written by Heath and dated March 31, 2008, effectively announced those plans.

“It is time for another referendum on gay rights. We have been licking our wounds long enough. I’m not going to sit by doing nothing really meaningful and watch either the courts or the legislature further advance special rights for homosexuality.”

The posting goes on to say that the right to marry is implicit, but states, “Nobody should have legal rights that are premised on being sexually promiscuous.”

Heath said he plans to gather the signatures needed to submit the referendum in time for the 2009 ballot, which means he has until January 2009.

“We’ve twice gathered signatures on this issue, so I think it’s realistic that it will happen again,” he said. “I would expect this [issue] is going to be picked at quite a bit by the press, but I’m sure Maine people will have an interest in this.”

Smith, who equated Heath’s recent actions to a blanket attack on gay people, said even if he gets the required signatures it’s unlikely Mainers would ever support it.

“I doubt it will get that far, but Maine people have proven themselves to be pretty fair-minded,” she said.

erussell@bangordailynews.net

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