Maryland lawmakers get cold feet on marriage

Del. Sam Arora

Despite supporters’ high hopes, Maryland delegates send bill back to committee; marriage equality faces promise, threats in other states

DANA RUDOLPH  |  Keen News Service
lisakeen@mac.com

The road to marriage equality in Maryland had never been a short or smooth one, but supporters of allowing same-sex couples to marry could see the altar this time: passing the House and sending the bill to a governor who said he would sign it.

But supporters never had a clear majority, and some who had said they would back it got cold feet in the days leading up to the House vote.

On March 11, instead of voting for the bill, the House unanimously voted to send it back to committee. Even some LGBT activists conceded it was the thing to do.

The Maryland vote reduced to two the number of states that could possibly see marriage equality move through the state legislature this year: Rhode Island and New York.

Iowa could lose existing marriage equality rights through actions in the legislature this year, and six states that already have statutes that prevent same-sex couples from obtaining marriage licenses — Indiana, Minnesota, New Mexico, North Carolina, Pennsylvania and South Dakota — could add constitutional amendments to protect the bans from legal challenges.

An attempt to do so in Wyoming died in committee in February.

Equality Maryland, the state’s leading LGBT advocacy group, said in a statement that, although they are “disappointed” the bill didn’t pass, sending it back to committee was “a strategic step that will allow us to fight and win in the future.”

Board member David Lublin explained to Maryland Politics Watch (Maryland-Politics.Blogspot.com) that, if the bill failed in a vote on the merits, it would have been harder later to convert the delegates who had already voted no in public.

And a coalition of groups including Equality Maryland, the Human Rights Campaign, Freedom to Marry and Gill Action released a joint statement after the vote, saying, “Over the past several days it has become clear that additional time to continue the marriage conversation in the state will better position the Civil Marriage Protection Act for success.”

The full Senate had passed its version of the bill on a vote of 25 to 22 Feb. 24.  Action then moved to the House, where the Judiciary Committee had voted 12-10 on March 4 to send the bill to the floor, even though committee chair Joseph F. Vallario Jr., a Democrat, who cast the deciding vote to do so, indicated he would not support marriage equality on the floor.

Support for the bill had already grown shakier. Committee member Sam Arora, a Democrat and an original co-sponsor, had said March 3 he would vote against it on the floor, and he only wanted to send it to the full House so voters could have their say in a likely referendum.

The state constitution allows voters to submit new laws to a referendum if they can collect the 55,736 signatures necessary to do so.

And Democratic Delegates Tiffany Alston and Jill Carter — both co-sponsors — were no-shows at the first scheduled committee vote.

Alston said she wanted more time to weigh her decision based on diverse feedback from constituents and others. Carter said she was just trying to draw attention to other legislation.

Alston eventually voted against sending the bill to the floor, but Carter voted in favor of doing so.

Sponsor Melvin Stukes, a Democrat who was not on the Judiciary committee, announced at the end of February that he was withdrawing his sponsorship. He said he had come to realize that the bill would grant full marriage equality instead of civil unions.

Three days before the full House vote, the bill was still “probably one to two short” of the 71 votes needed for passage, said Democratic Delegate Heather Mizeur in an interview March 8, adding, “There is still a large block of undecided who will go to the floor undecided.”

Democrats hold a 98 to 43 majority in the chamber.

Even Democratic Gov. Martin O’Malley, who has said he would sign the bill, appeared to shift towards the idea of a voter referendum — something equality advocates have shunned.

O’Malley told reporters March 3, “We should let the people decide,” according to the Baltimore Sun. After the bill was recommitted, he told the Associated Press, “I would have hoped that we could have resolved this issue and then let the people decide.”

The full House vote came after nearly four hours of debate on March 9 and 11. Debate centered around religious beliefs regarding homosexuality, whether the LGBT community’s political movement for equal rights could be compared to that of African-Americans, and whether same-sex marriage would negatively impact children.

Delegate Mizeur, in one of the most personal speeches during debate, spoke of reconciling her deep Catholic faith with being a lesbian. She said that, if the bill failed, it would not stop her and her wife from loving each other, but the lack of legal protections would “make it really, really difficult for us in the worst, most challenging times.”

Committee Chair Vallario asked, “Where would Martin Luther King be on this issue?”

“I don’t know,” he said, but the introduced a motion to recommit the bill to his Judiciary Committee. The House unanimously approved.

One other bill remaining in that committee seeks to ask voters to amend the state constitution to ban same-sex marriages. Spokespeople for both the bill’s sponsor, Delegate Don Dwyer, a Republican, and Vallario could not say whether that bill would receive a vote before the session ends April 11.

In the remaining states, the Rhode Island House and Senate Judiciary Committees have held hearings on marriage equality bills in recent weeks, but neither chamber has yet scheduled a vote.

New York Democratic Gov. Andrew Cuomo has said he will urge the legislature to take up marriage equality this session. He met with LGBT advocates March 9 to discuss the matter.

© 2011 by Keen News Service. All rights reserved.

This article appeared in the Dallas Voice print edition March 18, 2011.

—  John Wright

No marriage vote in Maryland House today; Maryland delegate comes out as gay

Although some had expected the Maryland House of Delegates to vote today on a bill legalizing same-sex marriage in that state, The Washington Blade is reporting that the vote won’t be happening today. However, a committee hearing on a measure to prohibit discrimination in employment and housing based on gender identity is scheduled to begin at 1 p.m. today.

According to the Blade, the House has adjourned for the day, but not before supporters of the measure were able to kill four hostile amendments that would have weakened the bill or killed it outright.

One of the amendments would have allowed religious institutions to refuse to allow same-sex parents to adopt (defeated by those who pointed out it had nothing to do with marriage), while a second would have renamed the bill the Same-Sex Marriage Act.

A third amendment would have changed the measure into a constitutional amendment, thus forcing it back into committee where it would have died; and the fourth amendment would have allowed parents to take their children out of public school health classes including information on same-sex marriage and would have allowed teachers in public schools to refuse to include such information in their classroom curricula.

The House is set to reconvene at 10 a.m. Thursday morning.

Del. Peter Murphy of Maryland, left, and former Texas state Rep. Glen Maxey

In other news out of the Maryland House, also from the Blade, Democratic Delegate Peter Murphy on Tuesday night publicly acknowledged that he is gay. Murphy, a divorced father of two with grandchildren, said that his family and colleagues have known he is gay for years, and that he has never denied his sexuality orientation. “I just presumed people knew,” he told the Washington LGBT paper.

Murphy’s announcement brings the total of openly LGBT Maryland delegates to seven. The state also has one openly gay senator.

Texas, by the way, has had only one openly LGBT state lawmaker, and that was Glen Maxey who has been out of office since 2003. Maxey was first elected in 1991 to represent the Austin-area district that had previously been represented by Lena Guerrero. Before running for the House, Maxey was the first executive director of the Lesbian/Gay Rights Lobby of Texas (now known as Equality Texas), and since leaving public office, he has worked as a lobbyist and campaign consultant. He ran for Travis County tax assessor-collector in 2007, but lost the Democratic Primary to incumbent Nelda Wells Spears.

—  admin