Panel Rules Against
Same-Sex Marriage Ad
By PETE YOST, AP from
washingtonpost.com on the Web, May 10, 2006
WASHINGTON, May 9 -- A
three-judge panel Tuesday ruled unanimously against a conservative group that
wants to air an advertisement about same-sex marriage as Maine's primary
election approaches on June 13.
The Christian Civic League of Maine had sought a preliminary injunction against
"electioneering communication" provisions of the Bipartisan Campaign Reform Act
of 2002.
The law bars using corporate or union money to pay for broadcast ads referring
to a clearly identified federal candidate within 30 days of a primary election,
or 60 days of a general election.
The proposed radio ad refers to Sen. Olympia Snowe, R-Maine, who is running
unopposed, calling on her to support the Marriage Protection Amendment, which
says that marriage is solely between a man and a woman. The group wants to
run the ad in advance of an early June vote in the Senate.
"There can be no question that the governmental interest in maintaining the
integrity of the electoral process is compelling," the three-member court found.
It said the section of the law is narrowly tailored and that the group's ad "is
the sort of veiled attack that the Supreme Court has warned may improperly
influence an election."
The conservative group says the ad represents grass-roots lobbying rather than
electioneering.
The ad says: "Unfortunately, your senators voted against the Marriage
Protection Amendment two years ago. Please call Sens. Snowe and Collins
immediately and urge them to support the Marriage Protection Amendment when it
comes to a vote in early June."
Republican Susan Collins doesn't face re-election until 2008.
The members of the panel are Appeals Court Judge Judith Roberts and U.S.
district judge Louis Oberdorfer and Colleen Kollar-Kotelly.
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