Maine news, sports, weather | Kennebec Journal, Augusta, Maine

GAY MARRIAGE

Panel votes to keep investigating National Organization for Marriage

Ethics commission vote unanimous

BY SUSAN M. COVER Staff Writer

AUGUSTA -- The ethics commission on Thursday rejected a request from the National Organization for Marriage to dismiss an investigation into the group's finances.

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The New Jersey-based group, which is represented by the Indiana law firm Bopp, Coleson & Bostrom, argued in a petition for dismissal that a commission investigation ordered in October was "beyond the scope of power allowed or granted it by Maine law."

But the commission disagreed, voting 4-0 to proceed with the investigation.

"It seems to me if this was such a compelling issue for them they would have brought it earlier," said Commission Chairman Walter McKee.

Last week, National Organization for Marriage attorney Barry Bostrom said the group was bringing forward the request for dismissal at this time because the powers of the commission came up during a state-level hearing on the case held in May. He said he could not attend the ethics commission meeting in person because he had another commitment.

Commission Executive Director Jonathan Wayne said state law gives his staff the power to "investigate any violations of the requirements for campaign reports and campaign financing."

Last year, the commission ordered an investigation after Fred Karger of Californians Against Hate questioned whether the group raised more than $5,000 to help repeal the state's same-sex marriage law.

If it did, it is required to file campaign finance reports with the state and disclose who donated the money.

The group has said that, although it donated nearly $2 million to Stand for Marriage Maine, it did not ask donors to give specifically to help in Maine.

Voters at a statewide referendum in November repealed the state's same-sex marriage law with 53 percent of the vote.

Neither Bostrom nor attorney Josiah Neeley, who has also handled portions of the case, could be reached for comment Thursday.

The state is seeking a list of donors so it can determine whether the group asked for money specifically to help repeal gay marriage in Maine. The group has filed suit in state and federal court to try to stop the investigation, saying it fears disclosure would lead to harassment of donors.

Karger, who flew to Maine on Thursday for the meeting, disputed those claims.

"It's not a question of harassment," he said. "They are protecting their major donors."

In comments to the commission, he urged the state to keep pushing for the information. "You are the sole body in the country that is fighting them to get to the truth," he said.

McKee said, "I have no doubt this will be appealed to Superior Court."

Susan Cover -- 620-7015

scover@centralmaine.com