NEWPORT -- A licensing complaint against Nokomis High School guidance counselor Don Mendell about his appearance in a TV ad opposing gay marriage has sparked a legal fight.

The complaint was filed by Ann Sullivan, a social worker at Newport Elementary School, according to the Yes on 1 campaign, which supports the effort to repeal the state's same-sex marriage law at the polls today.

Messages left for Sullivan on Monday at Newport Elementary School were not returned.

Supporters of Question 1 have pounced on the complaint as an illustration of how they believe the law would affect school systems.

Scott Fish, spokesman for the Yes on 1 campaign, said Mendell "doesn't really know Ann Sullivan."

"What Sullivan's complaint is really saying is, it's OK for school counselors to have one viewpoint of marriage. If the opinion is marriage should be between one man and one woman then, according to the complaint, you shouldn't be a counselor. That's a chilling thing and also sends a real warning to anybody in Maine," Fish said.

Yes on 1 released a new radio ad Monday drawing attention to the complaint, calling it "the latest -- and most unconscionable -- example of how those in power in Maine schools will push homosexual marriage on students."

The ad says: "Don't be fooled. If Question 1 fails and homosexual marriage is legalized, those in power in Maine schools will push it on students just as they are trying to punish one of Maine's best educators for supporting traditional marriage."

Mark Sullivan, spokesman for No on 1, says his group has no connection with the complaint.

"We certainly don't believe anyone's job should be threatened for exercising that right," Sullivan said.

Still, Sullivan criticized Yes on 1's handling of the licensing complaint, which was filed Oct. 19 and sent to Mendell Oct. 23.

"It's clear that the Yes campaign purposely sat on an unfortunate incident involving their supporter until the final days. They are heavily into conspiracy theories, all to boost their false claims about schools that have been rejected by the attorney general, the commissioner of education and newspapers across the state," Sullivan said.

Mendell appeared in a commercial in support of Question 1 after Nokomis High literacy coach Sherri Gould first appeared in a commercial as the 2005 Teacher of the Year, in opposition to the repeal effort.

Gould said in an interview that her part in the commercial was filmed inside a Nokomis classroom, with permission from top school district officials.

Citing Mendell's opinion in the TV commercial, the complaint seeks to revoke his license because "he does not have the right as a licensed social worker to make public comments that can endanger or promote discrimination."

"There is no district involvement in the complaint at all," said Arnold Shorey, Regional School Unit 19 assistant superintendent.

Scott Monroe -- 861-9253

smonroe@centralmaine.com