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Same-Sex Marriage Bill Introduced in MD

January 26, 2011

Majority leaders in the Maryland House of Delegates and Senate are both sponsoring legislation that would allow gay couples to marry

ANNAPOLIS, Md. — Supporters of giving same-sex couples the same rights as married heterosexual couples in Maryland said Tuesday they are hoping momentum is building to win legislative approval this year.

Still, the presiding officers of the General Assembly both believe there is enough opposition in the state to bring the issue before voters next year, even if legislation is approved and signed by Democratic Gov. Martin O’Malley.

House Speaker Michael Busch, D-Anne Arundel, and Senate President Thomas V. Mike Miller, D-Prince George’s, both agree voters will likely get the final say in November 2012, if lawmakers pass a bill.

“My full expectation is, if it passes both houses and is signed by the governor, that it will be petitioned to referendum in 2012,” Busch said Tuesday, shortly after supporters of the Religious Freedom and Civil Marriage Protection Act held a news conference to highlight the legislation.

The issue has gained momentum this year in Maryland as the majority leaders in the House of Delegates and Senate are both sponsoring legislation to confer the same rights to same-sex couples as heterosexual ones under state law.

Sen. Rob Garagiola, a Montgomery County Democrat who is sponsoring the bill, emphasized the legislation would not require a religious institution to confer any religious aspect of marriage on a same-sex couple. Speaking with supporters Tuesday at a news conference about the legislation filed late last week, Garagiola acknowledged he believes there is still “a high hurdle” to get the bill through both chambers.

“I think we’ve got a good opportunity to get this to the governor’s desk this year, but it’s by no means a slam dunk,” Garagiola said. “We’re going to need to work very hard, and there are those who oppose it who are going to be working very hard as well so we’re just going to need to out-hustle.”

Maryland law defines marriage as between a man and woman. Last year, Maryland Attorney Doug Gansler wrote in an opinion that the state generally acknowledges couples married elsewhere. Gay marriages have been legalized in New Hampshire, Massachusetts, Iowa, Connecticut, Vermont and the District of Columbia, which borders Maryland.

Delegate Don Dwyer, an Anne Arundel County Republican who attempted to impeach Gansler during last year’s legislative session because of his opinion, said he’s ready to lead an initiative to put the measure on the ballot, if a bill is approved.

“There’s a lot of speculation that will happen, and if it does we’re prepared to lead a referendum initiative that hopefully would stop that bill from being enacted into law,” Dwyer said Tuesday.

A referendum petition against an act passed by the General Assembly would require signatures adding up to 3 percent of qualified voters who cast votes for governor in the last election to sign it, or about 55,736 people.

Supporters cite the ending of the Pentagon’s “don’t ask, don’t tell” policy and allowing gays to serve openly in the military as a galvanizing momentum builder to change Maryland’s law.

“If the great gay and lesbian Americans are willing to do this, if they are willing to die in battles to defend my liberties, I think literally the least that we can do is to vote to protect the rights, liberties and prerogatives of all Americans,” said Delegate Kumar Barve, D-Montgomery, who is sponsoring legislation in the Maryland House of Delegates.

Shawn Eldridge, political director of the gay-rights group Freedom to Marry, said laws passed in five other states illustrate they benefit families.

“Same sex couples are now free to marry in five states and next door in the District of Columbia as well as a dozen countries worldwide, and in each of these places the sky has not fallen and families have been helped with no one hurt,” Eldridge said at a news conference in Annapolis.

The Senate is expected to take up the issue first. Miller has said he believes there is enough support to bring legislation legalizing same-sex marriage or civil unions to the full Senate, where the legislation is expected to be debated early in the session.

“If it does pass, I believe it will pass the House, but I believe it will be petitioned to referendum and I believe it will be on the ballot in 2012, so that the public itself will have an opportunity to vote,” Miller said on the first day of the session earlier this month.

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