MAINE REFERENDUM
CASE STUDY
Challenge
In 2005, Maine was the only New England state that did not protect LGBTQ+ individuals from employment discrimination based on sexual orientation. Two previous efforts, one in 1997 and another in 2000 had been defeated. In the 2005 session, Maine’s Legislature again passed a law to protect LGBTQ+ individuals from employment discrimination. But opponents again exercised the “People’s Veto” provision of Maine law, securing enough signatures to require a state referendum on the Legislature’s actions. The “People’s Veto” provision also added an element of confusion, in which a “Yes” vote meant opposing the Legislature’s action, while a “No” vote supported adding sexual orientation to Maine’s anti-employment discrimination law. This confusion required an education and persuasion campaign.
Approach
While the education component was conducted statewide through all media, the persuasion target was focused on the largely rural, predominantly French Catholic population of northern Maine’s 2nd Congressional District. In each of the previous two efforts, the 2nd CD had overwhelmingly opposed protecting LGBTQ+ individuals.
Research suggested that few Northern Maine residents believed they knew any gay individuals, helping to create a lack of empathy. Seeking to build empathy by different means, our campaign relied on a former Maine state trooper speaking of how he hurt for his gay son who had lost his job due to discrimination. Our campaign, “Maine Doesn’t Discriminate,” concluded by asking for a “No” vote on the referendum because “no parent wants to see their child hurt.”
Outcome
On Nov. 8, 2005, more than 55 percent of Maine voters voted “No,” securing the protections the Legislature had passed against employment discrimination based on sexual orientation. The law went into effect Dec. 28, 2005, marking the end of the long struggle in Maine to achieve legal job protections in for LGBT+ individuals.
