Two national organizations working to overturn Maine's same-sex marriage law have been dealt a setback in their efforts to keep the names of their financial donors private. U.S. District Judge D. Brock Hornby has denied their request for a temporary restraining order against state elections officials. The groups are challenging the constitutionality of Maine's financial disclosure law. That case will proceed despite the judge's ruling.

The groups American Principles in Action and the National Organization for Marriage argued that Maine's election law is overly burdensome in its donor disclosure and record-keeping requirements and unconstitutional because of the chill it can put on free speech -- in other words on prospective donors who might prefer to remain anonymous.

They asked U.S. District Judge D. Brock Hornby for a temporary restraining order while their lawsuit against Maine elections officials proceeds. Judge Hornby denied the TRO request. In his ruling the judge said he felt some of Maine's regulations come close to burdening free speech and association.

But ultimately, he said, "Maine has a strong and even compelling interest in helping the electorate assess the particular issue on its merits by providing voters with information about where the money supporting a measure comes from and therefore whose interest it serves."

Attorney James Bopp represents the two groups that sought the restraining order. "We're obviously disappointed. We think that this law is oppressive because it will throw a whole series of regulations onto any entity that simply spends $5,000 to involve themselves in an initiative."

Under Maine law, groups that advocate for passage or defeat of a referendum and spend $5,000 dollars to do so, must register as a Ballot Question Committee and provide detailed financial records of their contributors and other information on a regular basis. But in Maine neither group has done that.

Fred Karger of the group Californians Against Hate says he wants them to be forced to reveal what his own research has shown.
"My research has shown that the Mormon Church has a hand in creating this organization - the National Organization for Marriage. I have documents that were given to me, hundreds and hundreds of them from previous elections from the highest levels of the Mormon Church that show a pattern in creating front groups."

"Fred Karger's claims are just - in a word - silly," says Brian Brown, Executive Director for the New Jersey-based National Organization for Marriage. "We've not received any contributions from the Mormon Church, and even if we had, every religious group has the right to donate to NOM just as they have the right to donate to other groups that stand up for issues that they believe in."

Two months ago Karger filed a complaint with the Maine Ethics Commission pressing for more detailed information about NOM and the commission has agreed to undertake an investigation. NOM is also being investigated in California for similar reasons relating to last year's same-sex marriage referendum known as Prop 8.

For that reason Karger welcomes Judge Hornby's ruling. "I'm very pleased that Judge Hornby came down on the side of truth and transparancy. I mean this is just one of the most brazen attempts I've ever seen in 30 years in politics by the National Organization for Marriage to skirt an election law."

NOM is active in all 50 states and has a projected budget this year of $7 million. So far, it has financed more than 60 percent of the Yes On One/Stand for Marriage Maine campaign, with donations of $1.6 million. American Principles in Action, based in Washington D.C., is a smaller group that wants to produce and air two television spots in Maine before next week's election.

Both groups maintain that they are not set up specifically to advocate for repeal of Maine's same-sex marriage referendum. Attorney James Bopp says both of his clients intend to comply with Maine law, even though they consider it unconstitutional, and he says they will proceed with a legal challenge against it.