independent, and have certain
natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of
pursuing and obtaining safety and happiness." (See Maine's Constitution)
That statement would have recognized "same-sex marriage" as a
natural, inherent and unalienable right and off limits to all laws except those that infringe but not prohibit a right. Inalienable rights protect a minority, even of one, against laws passed by a simple majority.
On the other side of the U.S., CA Atty Gen Jerry Brown said
Prop 8 Should Be Struck Down (Wed Mar 04, 2009)
In 2008, the California Supreme Court was faced with the question of how the values enshrined in Article I apply to same sex marriages. It concluded that the concept of "liberty" includes the right to form the enduring relationship called marriage and that no compelling interest justified denying this right to same sex couples. Just like the right to be free from discrimination in housing, citizens have the right to be free from discrimination in state-granted marriage licenses.
With this Supreme Court decision, same sex marriage has the protection of Article 1 and, like other inalienable rights, cannot be taken away by a popular vote - whether it be 52%