Maine votes in favor of legalizing gay marriage
By DAVID CRARY, Associated Press
Nov 6, 2012 10:53 PM CST
State Auditor Rebecca Otto enters the RV at a stop in Edina, Minn., on the "Minnesota Votes No" statewide tour Monday, Nov. 5, 2012 in Minneapolis for the final day of the campaign to urge voters to vote against the marriage amendment. Candidates and volunteers worked Monday to make the most of their...   (Associated Press)

Maine residents have approved same-sex marriage, giving the gay rights movement a breakthrough victory.

Gay marriage is legal in six states and Washington, D.C., but those laws were either enacted by lawmakers or through court rulings. In popular votes, more than 30 states had previously held elections on same-sex marriage, with all losing.

Maine, Maryland and Washington state were holding up-or-down votes Tuesday on legalizing gay marriage. Minnesota was voting on a proposal to ban gay marriage in the state constitution.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

While the general election might not break partisan gridlock in Congress, it could result in historic changes for U.S. social policy: Several states had a chance to be the first to approve same-sex marriage by popular vote and to legalize recreational use of marijuana.

Dating back to 1998, same-sex marriage has been rejected in all 32 states that have held popular votes on the issue. Gay-rights advocates believed they had a chance to break that streak as Maine, Maryland and Washington voted on ballot measures to legalize same-sex marriage, and Minnesota voted on whether to place a ban on gay marriage in the state constitution.

Incomplete returns showed close contests in Maine, Maryland and Minnesota. Vote counting started later in Washington.

Marijuana legalization was on the ballot in Washington, Oregon and Colorado; each measure would allow adults to possess small amounts of pot under a regimen of state regulation and taxation. The Colorado measure was leading in early returns.

If approved, the measures would set up a direct challenge to federal drug law.

In Massachusetts, voters approved a measure to allow marijuana use for medical reasons, joining 17 other states. Arkansas voters were deciding on a similar measure that would make it the first Southern state in that group.

In California, voters were deciding whether to repeal the state's death penalty. If the measure prevailed, the more than 720 inmates on death row there would have their sentences converted to life in prison.

While 17 states have ended capital punishment, most did so through legislative action. Only in Oregon, in 1964, did voters choose to repeal the death penalty; they later reversed themselves to reinstate it.

In all, there were 176 measures on the ballots Tuesday in 38 states, according to the Initiative and Referendum Institute at the University of Southern California.

Maine's referendum on same-sex marriage marked the first time that gay-rights supporters put the issue to a popular vote. They collected enough signatures over the summer to schedule the vote, hoping to reverse the outcome of a 2009 referendum that quashed a gay-marriage law enacted by the Legislature.

In both Maryland and Washington, gay-marriage laws were approved by lawmakers and signed by the governors earlier this year, but opponents gathered enough signatures to challenge the laws.

In Minnesota, the question was whether the state would join 30 others in placing a ban on gay marriage in its constitution. Even if the ban is defeated, same-sex marriage would remain illegal in Minnesota under statute.

Gay marriage is legal in six states and the District of Columbia _ in each case the result of legislation or court orders, not by a vote of the people.

Other notable ballot measures:

_ Maryland voters approved a measure allowing illegal immigrants to pay in-state college tuition, provided they attended a state high school for three years and can show they filed state income tax returns during that time. About a dozen other states have similar laws, but Maryland's is the first to be approved by voters.

_ In Oklahoma, voters approved a Republican-backed measure that wipes out all affirmative action programs in state government hiring, education and contracting practices. Similar steps have been taken previously in Arizona, California, Michigan, Nebraska and Washington.

_ Florida voters rejected a proposal that would have banned government mandates for obtaining insurance such as required by President Barack Obama's health care overhaul. Floridians also rejected a proposed constitutional amendment that would have limited revenue growth to match increases in population and cost of living.

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