The measure passed by a 32-15 vote margin after senators debated on its third reading for less than 20 minutes.
Senate President Thomas V. Mike Miller (D-Prince George’s and Calvert Counties) voted for Senate Bill 212 – the Fairness for All Marylanders Act of 2014 – alongside state Sens. Joanne Benson (D-Prince George’s County), James Brochin (D-Baltimore County), Joan Carter Conway (D-Baltimore City), Ulysses Currie (D-Prince George’s County), Brian Feldman (D-Montgomery County), Bill Ferguson (D-Baltimore City), Jennie Forehand (D-Montgomery County), Brian Frosh (D-Montgomery County), Lisa Gladden (D-Baltimore City), Verna Jones-Rodwell (D-Baltimore City), Edward Kasemeyer (D-Baltimore and Howard Counties), Delores Kelly (D-Baltimore County), Nancy King (D-Montgomery County), Allan Kittleman (R-Howard County), Katherine Klausmeier (D-Baltimore County), Rich Madaleno (D-Montgomery County), Roger Manno (D-Montgomery County), Nathaniel McFadden (D-Baltimore City), Thomas Middleton (D-Charles County), Karen Montgomery (D-Montgomery County), C. Anthony Muse (D-Prince George’s County), Douglas Peters (D-Prince George’s County), Paul Pinsky (D-Prince George’s County), Catherine Pugh (D-Baltimore City), Victor Ramirez (D-Prince George’s County), Jamie Raskin (D-Montgomery County), James Robey (D-Howard County), James Rosapepe (D-Anne Arundel and Prince George’s Counties), Norman Stone (D-Baltimore County), Ronald Young (D-Frederick and Washington Counties) and Robert Zirkin (D-Baltimore County).
Kittleman, who is the only Republican who voted for the measure, said he hopes “people realize this is a fairness issue.”
“It is not our job to discriminate,” added Kelly before the vote. “The bill is carefully crafted. The definitions are clear”
State Sens. John Astle (D-Anne Arundel County), David Brinkley (R-Carroll and Frederick Counties), Richard Colburn (R-Caroline, Dorchester, Talbot and Wicomico Counties), James DeGrange, Sr., (D-Anne Arundel County), Roy Dyson (D-Calvert, Charles and St. Mary’s Counties), George Edwards (R-Alleghany, Garrett and Washington Counties), Joseph Getty (R-Baltimore and Carroll Counties), Barry Glassman (R-Harford County), Stephen Hershey, Jr. (R-Caroline, Cecil, Kent and Queen Anne’s Counties), Nancy Jacobs (R-Cecil and Harford Counties), J.B. Jennings (R-Baltimore and Harford Counties), James Mathias, Jr., (D-Somerset, Wicomico and Worcester Counties), Edward Reilly (R-Anne Arundel County), Christopher Shank (R-Washington County) and Bryan Simonaire (R-Anne Arundel County) voted against SB 212.
Simonaire before the vote questioned the measure’s definitions of public accommodations and gender identity. The Anne Arundel County Republican also sought additional religious protections in SB 212 that Raskin maintained already exist.
“The intent of this bill is discrimination,” said Simonaire. “There is an absence of religion.”
“Huge day for transgender rights in Maryland”
Madaleno, who introduced SB 212, applauded its passage.
“Today marks a historic milestone in the continued fight to advance equal rights for all Marylanders,” he said in a statement. “The Senate’s passage of the Fairness for All Marylanders Act sends a reaffirming message throughout our state that regardless of whom you are, prejudice and discrimination will no longer be tolerated or exempted from law. With these new anti-discrimination protections for transgender persons one step closer to full passage.”
“Today is a huge day for transgender rights in Maryland,” added Equality Maryland Executive Director Carrie Evans. “With their vote, 32 Senators stood up to say no one should be denied the opportunity to work for a living, secure housing or eat lunch at a restaurant just because of their gender identity.”
Gender Rights Maryland Executive Director Dana Beyer, who announced her candidacy against Madaleno in January, specifically applauded her opponent in a statement after senators approved the measure. She also praised Frosh, who chairs the Senate Judicial Proceedings Committee, former Equality Maryland Executive Director Dan Furmansky and “the trans community who came every year to Annapolis to lobby and tell their stories.”
“After eight years of struggle, and with the active support of Senate President Thomas V. Mike Miller, Jr., and the legislative magic of Sen. Jamie Raskin, a comprehensive gender identity anti-discrimination bill has passed in the Senate,” said Beyer.
Frosh described Madaleno as “the best leader for gender equality and LGBT rights in the country” as he discussed the measure’s passage with the Washington Blade after the vote.
“It was the forceful but quiet leadership of Jamie and Rich,” said Frosh. “The fact it came up and got almost no debate was remarkable. The fact it got 32 votes was astonishing.”
Human Rights Campaign State Legislative Director Sarah Warbelow, Vann Michael of Black Transmen, Inc., and Free State Legal Project Executive Director Aaron Merki are among those who also applauded SB 212’s passage.
“As a transgender woman, I know that this is one huge step forward for transgender people who only want to fully participate in public life, without fear of discrimination based on gender identity,” said Jenna Fischetti of the Maryland Coalition for Trans Equality. “Today the Maryland Senate said loud and clear that every Marylander deserves equal rights.”
SB 212 last month cleared a major hurdle when the Senate Judicial Proceedings Committee approved the measure by a 8-3 vote margin.
Baltimore City and Baltimore, Montgomery and Howard Counties currently include gender identity and expression in their non-discrimination laws. Hyattsville in December became the first jurisdiction in Prince George’s County to pass a trans-inclusive anti-discrimination ordinance.
Neighboring Delaware is among the 17 states along with D.C. and Puerto Rico that ban discrimination based on gender identity and expression. Lawmakers in Pennsylvania, New York and other states have introduced similar measures.
The Maryland House of Delegates Health and Government Operations Committee on Wednesday is scheduled to hold a hearing on a trans rights bill that state Del. Luke Clippinger (D-Baltimore City) introduced. The chamber approved a similar measure in 2011.
All three Democratic gubernatorial candidates – Lieutenant Gov. Anthony Brown, Attorney General Doug Gansler and state Del. Heather Mizeur (D-Montgomery County) – support SB 212.
“Today 32 Senators voted against gender discrimination and for what is just and fair,” Gansler told the Blade in a statement. “I congratulate all who worked so hard, led by Senator Madaleno, for the passage of this milestone legislation.”
“Today, the Senate took a huge step forward in our path to equality under the law for all Marylanders,” added Mizeur, who testified in support of SB 212 last month before the Senate Judicial Proceedings Committee. “No one in our state should face discrimination, period. Now let’s get it done in the House.”
Brown on Wednesday is expected to testify in support of Clippinger’s bill on behalf of Gov. Martin O’Malley’s administration.
“He sees this legislation as a critical step forward towards making sure that every Marylander no matter who they are, where they are, what their background is is treated fairly,” Brown’s spokesperson, Matt Verghese, told the Blade.