Maryland General Assembly bill tracker
Religious Freedom & Civil Marriage Protection Act
Would make valid the marriages of same-sex couples
HB 351: Heard Feb. 28
SB 290: Heard Feb. 14
Change Term “Marriage” to “Civil Marriage”
Would replace the term in state law
HB 631: Heard Feb. 28
Health Care Visitation & Medical Decisions
Would empower domestic partners in making medical decisions
HB 733: Heard March 4
SB 566: Favorable committee vote March 10
Recordation & Transfer Tax Exemption
Would exempt domestic partners from certain tax liabilities
HB 746: Heard March 6
SB 597: Heard March 6
Inheritance Tax Exemption
Would exempt domestic partners from certain tax liabilities
HB 668: Heard March 6
SB 523: Heard March 5
Sexual Orientation and Gender Identity — Antidiscrimination
Would bar discrimination based on gender identity
HB 1598: Introduced March 3
SB 976: Introduced March 3
State Employees & Retirees – Health Insurance
Would insure domestic partners of state workers
SB 560: Heard March 5
Unable to overcome a key roadblock, gay activists are pessimistic about winning marriage rights from Maryland lawmakers this year.
Carrie Evans, policy director at Equality Maryland, said same-sex marriage supporters will still push a bill to grant gay and lesbian couples the right to marry, but she doesn’t envision it passing this session.
“We’re going to get marriage,” she said during a March 7 interview. “Are we going to get it this year? No.”
Evans blamed state Sen. Anthony Muse (D-Prince George’s County) for stalling the Religious Freedom & Civil Marriage Protection Act. She said unless Muse, a member of the Judicial Proceedings Committee, changes course, the bill is almost certain to die in committee.
Among the Judicial Proceedings Committee’s 11 members, four support marriage for same-sex couples, six are against it and one is “non-committal.” Dan Furmansky, executive director of Equality Maryland, said Sens. Brian Frosh (D-Montgomery County), Lisa Gladden (D-Baltimore), Jennie Forehand (D-Montgomery County) and Jamie Raskin (D-Montgomery County) support the measure, while Sens. Larry Haines (R-Baltimore and Carroll counties), Nancy Jacobs (R-Cecil and Harford counties), Alex Mooney (R-Frederick and Washington counties), Muse, Bryan Simonaire (R-Anne Arundel County) and Norman Stone (D-Baltimore County) oppose it. Furmansky described Sen. James Brochin (D-Baltimore County) as “non-committal.”
“Until we crack the nut of Sen. Muse,” she said, “marriage is not happening in the Judicial Proceedings Committee.”
Evans said it “remains to be seen” whether Muse will support any other form of relationship recognition for Maryland gay couples, like civil unions or domestic partnerships. Lawmakers are weighing both options.
But she said Muse, founder and senior pastor of Ark of Safety Christian Church in Upper Marlboro, opposes marriage rights for same-sex couples.
“It is dispiriting,” Evans said. “Every day in Annapolis, there is basically one person who is holding up the rights of our community to get married.”
Muse did not respond to messages seeking comment at his Annapolis office.
Washington Post columnist Marc Fisher quoted Muse’s comments to radio show “Faith in Action” last week when Muse said, “Unequivocally I stand for Christian marriage and have no intentions of tampering with that at all.” He left the door slightly open for some provision, though, when he said, “What I am for is trying to find a way to make sure every citizen is protected under the law, regardless of their lifestyles.”
Evans’ assessment, which comes as state legislators enter the final weeks of their session, drew mixed responses from gay Marylanders who had hoped to win marriage rights this year.
Lisa Polyak, who last year lost a protracted and high-profile case that sought to overturn a state law banning same-sex couples from marrying, accused Muse of obstructionism.
“I think it’s reprehensible that one person gets to determine whether an entire class of people gets their civil rights,” she said.
Some observers have speculated that if Muse voted to pass the marriage bill out of committee, Brochin would join him in that move.
Polyak’s partner, Gita Deane, said although she was disappointed by the development, she would prefer to wait for marriage rather than stop at something less.
“I really feel like marriage is what we need, not just what we want, but what we need, in order to have our civil rights restored,” she said. “Giving us a partial solution really doesn’t account for much, because first, it creates a second-class status for our families, and second, it really doesn’t have any value outside of Maryland.
“I want marriage. I will wait for marriage. That is our goal.”
Other factors cited
Some said Muse isn’t the only factor in the bill’s likely demise.
John Willis, a University of Baltimore public policy associate and former secretary of state under Democratic Gov. Parris Glendening, said many legislators were preoccupied this session with fiscal matters.
“Sometimes, social policy issues get lost when economic issues are on the front burner,” he said. “That’s not unusual.”
?Equality Maryland’s Carrie Evans says she is skeptical that the state’s same-sex marriage bill will advance this session. (Blade photo by Henry Linser)
Willis said the January death of Sen. Gwendolyn Britt, a key legislative proponent of same-sex marriage, also hurt efforts to pass the measure.
“With Sen. Britt’s heart attack, some of the organizing focus got lost,” he said. “She was one of the tireless advocates that kept pushing and pushing and pushing, and when you lose a leadership point, it makes it difficult.”
Elbridge James, a lobbyist and director of the pro-gay Maryland Black Family Alliance, agreed.
“Sen. Britt’s death created a void,” he said. “That isn’t to say that current advocates aren’t able to do the job, but she was an added voice that I’m dearly missing.”
James said Britt might have been able to convince Muse to vote to move the marriage bill out of committee, if only so the full Senate could vote on the proposal.
“I do believe he has moved more toward a position where he’s willing to listen,” James said. “He could have been moved to a neutral position.”
Despite the critical vote that Muse holds, James said the senator cannot be solely blamed if the legislature does not grant same-sex marriage this session.
“Sen. Muse is something of a lightning rod, but there are other things that allowed this condition to develop,” James said. “I’m looking at both the Senate and House leadership. I’m concerned that the governor did not put his weight on the issue. I’m concerned that even myself, as an African-American advocate who is strong on this issue, had to take on so many other important issues that my ability to educate African-American legislators and the broader community has been slowed.”
Neither Senate President Mike Miller (D-Calvert and Prince George’s counties) nor House Speaker Michael Busch (D-Anne Arundel County) supported the marriage bill.
Gov. Martin O’Malley, a Democrat who has largely avoided the issue, favors civil unions but has said he would consider signing the marriage bill if it passed the General Assembly.
Willis said it was difficult to conclude, though, whether the marriage bill would have fared better had prominent state leaders been more favorable.
?Lisa Polyak, who last year lost a protracted and high-profile case that sought to overturn a Maryland law banning same-sex couples from marrying, says Sen. Anthony Muse is the ‘absolutely thwarting factor’ in stalling a bill that would grant marriage equality.
(Photo by Matthew S. Gunby/AP)
“It’s hard to say,” he said, “given that kind of special circumstance this year in Annapolis, with one of the leaders no longer being there, it’s hard to say what the dynamic would have been if the economy had not started tanking and you still had one of your leading advocates.”
‘Absolute thwarting factor’
Hypothetical considerations aside, though, gay Marylanders laid blame for the bill’s expected failure squarely on Muse.
Polyak said that Muse pledged at Britt’s funeral to “carry on her work,” but has done nothing to advance the Religious Freedom & Civil Marriage Protection Act.
“The irony is that he would be the absolute thwarting factor in the last civil rights project she thought was important,” she said. “Why is there no accountability for that?”
Evans said Equality Maryland repeatedly attempted to work with Muse on the measure, but made no progress. And she noted that with three weeks remaining in this legislative session, it’s unlikely he’ll change his stance now.
“It’s resignation,” she said. “It’s also reality that we’re more than halfway through the session, we’ve been working with Sen. Muse the entire time and he’s not changed his position on marriage.”
But she said the legislative stalemate, while painful, has yielded at least one benefit.
“He is the biggest obstacle,” Evans said. “Knowing that gives us the clear goal of knowing what we have to do: get his vote or replace him.”
Joshua Lynsen can be reached at jlynsen@washblade.com.
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