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Same-Sex Conflicts - Maine
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This website focuses on the interjurisdictional recognition of same-sex marriages, civil unions, and domestic partnerships.

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Postscript

If there is one thing that the people are entitled to expect from their lawmakers, it is rules of law that will enable individuals to tell whether they are married and, if so, to whom.

Justice Robert H. Jackson
u.s. supreme court

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flag-us-me.gifUNITED STATES

Maine

 

Higher Law. Maine is bound by the United States Constitution, federal law, and the international obligations of the United States.

Section 2 of the federal Defense of Marriage Act purportedly authorizes the state to disregard any “relationship between persons of the same sex that is treated as a marriage under the laws of [another] State, territory, possession, or tribe, or a right or claim arising from such relationship. 28 U.S.C. § 1738C. The constitutionality of that provision is disputed.

Supreme State Law. Maine’s constitution does not expressly address same-sex unions, but it contains substantive and procedural guarantees that might regulate the state’s internal family law as well as its conflicts law.

Internal Family Law.

Marriage. Maine has expressly prohibited same-sex marriages since 1997. Me. Rev. Stat. Ann. tit. 19-A, § 701(5) (“Persons of the same sex may not contract marriage.”); see also Me. Rev. Stat. Ann. tit. 19-A, § 650 (articulating public policy in favor of protecting opposite-sex marriage).

Civil unions. Maine neither provides for nor expressly prohibits registered partnerships.

Domestic partnerships. Maine has authorized domestic partnerships since 2004. Me. Rev. Stat. Ann. tit. 22, § 2710 (registry).

Conflicts Law.

Formalization of Same-Sex Unions in New Hampshire. Maine restricts domestic partnership registration to people who “have been legally domiciled together in [Maine] for at least 12 months preceding the filing.” Me. Rev. Stat. Ann. tit. 22, § 2710(2)(B). Non-residents cannot register as domestic partners in Maine.

Recognition of Foreign Same-Sex Unions.

  • Marriages. Maine expressly prohibits the recognition of evasive same-sex marriages formalized elsewhere by Mainers, Me. Rev. Stat. Ann. tit. 19-A, § 701(1) (“When residents of this State, with intent to evade this section and to return and reside here, go into another state or country to have their marriage solemnized there and afterwards return and reside here, that marriage is void in this State”), as well as the foreign same-sex marriages of non-Mainers, Me. Rev. Stat. Ann. tit. 19-A, § 701(1-A) (“Any marriage performed in another state that would violate any provisions of subsections 2 to 5 if performed in this State is not recognized in this State and is considered void if the parties take up residence in this State.”). Otherwise, Maine generally adheres to the American rules that a marriage valid where celebrated is valid everywhere. See Inhabitants of Hiram v. Pierce, 45 Me. 367 (1858).
     
  • Civil Unions and Domestic Partnerships. Maine law does not expressly address the recognition of foreign civil unions or domestic partnerships. The issue is presumably left to the common law conflict of laws. It is possible that a foreign civil union or domestic partnership would be recognized as a domestic partnership for purposes of Maine law.