In a nail-biter worthy of a play-off game Maine's lesbian and gay marriage rights' activists fought a tough battle but the state's anti same-sex marriage advocates are claiming victory in what amounts to devastating Prop 8-style setback.

However, with 87% of precincts reporting at 1 a.m. EST, the No on 1 campaign refuses to concede a loss.

Despite heavy voter turn out and stronger than expected support for marriage equality in cities like Bangor and Portland, as of 1 a.m. in Maine, Yes on 1 had collected 52.75% of the vote and No on 1 47.25%, according to Advocate.com.

No on 1 campaign manager Jesse Connolly says votes and absentee ballots will be counted all night, urging the crowd at No on 1 headquarters not to give up hope, the Advocate reported.

Gay marriage is now legal in Iowa, Massachusetts, Vermont, New Hampshire and Connecticut.  If Maine's citizens overwhelmingly voted in favor of gay marriage, it will mark the first time the right was granted via a vote and not through the legislature or the courts.

At a time when nearly all of the New England states had legalized gay marriage rights - with the exception of Rhode Island - the great state of Maine's legislature passed a marriage bill last April.

But while the ink was still wet, marriage equality naysayers trotted out the same hateful, harmful and false arguments used to kill Prop 8, and conservatives petioned causing the law to never go into effect.

With the country still reeling from Prop 8's insidious passing in California, Maine's gay marriage advocates, headed by Protect Maine Equality, rallied to save marriage for all with the No on 1 campaign.

Check back with SheWired for the results on Wednesday.

 

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