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Md. Senate passes marriage bill

House of Delegates plans hearing Friday; their vote key to measure’s progress

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In what activists are calling a historic development, the Maryland Senate Thursday evening voted 25-21 to pass the Civil Marriage Protection Act, a bill that would allow same-sex couples in the state to wed.

The bill now goes to the House of Delegates, where most political observers say it will pass within the next two weeks. Gov. Martin O’Malley has said he will sign the bill if it gets to him.

The vote to give final approval of the bill came shortly after the Senate voted 30-17 to limit debate to 30 additional minutes each for supporters and opponents.

In a development that surprised some observers, senators didn’t use all of that time, prompting Senate President Thomas V. Mike Miller (D-Calvert and Prince George’s Counties) to order a roll call vote on the bill.

The vote was identical to a preliminary vote on the bill held the previous day in terms of those voting for and against it except that one senator who voted no in the preliminary vote — Joanne Benson (D-Prince George’s County) — was absent for the final vote.

“I’ve never been prouder to be a Maryland State senator than I am tonight,” said Sen. Jamie Raskin (D-Montgomery County), a sponsor of the bill and the designated floor leader for the bill’s backers.

“I just want to say that for me, the issue is summarized by this thought: It is a fundamental wrong to deny our citizens a fundamental right,” he said.

Raskin and Sen. Nancy Jacobs (R-Cecil and Harford Counties), the Senate’s minority leader, each praised their fellow senators on both sides of the issue for keeping the debate civil and dignified.

But Jacobs, who acknowledged she expects the House of Delegates to follow suit and pass the bill shortly, told her colleague in a floor speech that the issue won’t end with the legislature’s approval of the measure the governor’s signature.

Pointing to one of her colleagues who raised the issue of a voter referendum in Maryland on same-sex marriage, Jacobs said, “Well, when we knew we did not have the votes, that’s what we started investing our time in.”

“We’ve met with people all around the country who have run successful referendums on this issue,” she said. “And I just guarantee the people in the State of Maryland who feel very strongly about this issue that you will see it again and you will see it at the ballot box.”

Discussion of the bill in the House of Delegates is set to begin Friday with a hearing of the House Judiciary Committee that lawmakers say is likely to be far more rancorous than the relatively gentile debate tonight and Wednesday in the Senate.

Earlier in the day on Thursday, State Sen. Richard Madaleno (D-Montgomery County), who is gay, urged his colleagues to afford him and his partner, along with thousands of same-sex couples in the state, the right to marry during the second day of debate on a same-sex marriage bill.

Madaleno was one of about a dozen senators who spoke today for or against the  measure. Observers expect it will win approval by the full legislature this spring.

Madaleno noted that the bill “reiterates that no religious denomination will ever be required to recognize or perform or bless or celebrate any marriage that is against its belief.”

At the same time the measure would provide “full equality under the law for thousands of same-gender couples in our state, couples like Mark and myself” through civil marriage, he said.

“Many of you know Mark … my partner. But even using that term partner sounds a little odd,” he said, noting that the two had a church wedding ten years ago with friends and family members attending.

“He in my heart is my spouse, even though the laws in the State of Maryland do not say he is,” Madaleno said during a Senate floor speech.

“But to the law, he remains a legal stranger to me. He is my partner. I wouldn’t ask any of you to call your spouse your partner because that makes it sound as if he’s your business associate, that your spouse is your business associate and not the person you choose to spend your life with.”

Opponents of the bill, including Sen. Brian Simonaire (R-Anne Arundel County), argued that the bill would “redefine” marriage and damage it as an institution that serves as the foundation of all societies.

“Unintended consequences — that is the subplot of today’s vote,” Simonaire said. “Yes, this bill affects homosexual individuals wanting to marry. But as we’ve seen in other states, it also affects young, impressionable students in our school system who are taught the homosexual world view.”

“It may also affect teachers and public employees who lose their jobs due to their religious beliefs if they are unwilling to teach the promotion of same-sex marriage,” he said.

Backers of the bill, including Raskin, the floor leader on behalf of the measure, disputed that assertion, saying the state education authority and local boards of education throughout the state decide the content of school curricula, with input from local communities.

Sen. Allan Kittleman (R-Howard County), the only Republican supporting the bill in the Senate, said he struggled over the issue of same-sex marriage but came to realized that it is a matter of civil rights and equal justice for all Maryland residents.

“It is the right thing to do,” he said. “The time has come. Today is that time.”

The Senate voted on Wednesday 25-22 to give preliminary approval of the bill by passing a committee report recommending that the bill be enacted into law. Most observers of the legislature saw that vote as confirmation that senators would approve the bill in a final vote on Thursday or possibly early Friday.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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Virginia

Hashmi speaks at Equality Virginia Lobby Day

Lt. gov. is a vocal LGBTQ ally

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Virginia Lt. Gov. Ghazala Hashmi (YouTube screenshot)

Lieutenant Gov. Ghazala Hashmi on Monday opened Equality Virginia’s annual Lobby Day in Richmond.

The Lobby Day was held at Virginia’s Capitol and was open to the public by RSVP. The annual event is one of the ways that Equality Virginia urges its supporters to get involved. It also offers informational sessions and calls to action through social media.

Hashmi, a former state senator, has been open about her support for the LGBTQ community and other marginalized groups. Her current advisor is Equality Virginia Executive Director Narissa Rahaman, and the group endorsed her for lieutenant governor. 

Hashmi historically opposes anti-transgender legislation.

She opposed a 2022 bill that sought to take away opportunities from trans athletes.

One of the focuses of this year’s Lobby Day was protecting LGBTQ students. Another was protecting trans youth’s access to gender-affirming care.

Advocates spent their day in meetings and dialogues with state legislators and lawmakers about legislative priorities and concerns. 

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