Local
O’Malley backs 2012 push for marriage equality
Bill becomes part of guv’s legislative package
ANNAPOLIS, Md. — Flanked by lawmakers and members of a broad coalition of Maryland LGBT leaders, Gov. Martin O’Malley today announced that a law legalizing same-sex marriage would be part of his 2012 legislative package.
After a disappointing 2011 session for marriage equality advocates in Maryland, ending with the death of a Senate-passed marriage bill in the lower house, the governor came out in favor of a bill that he said would address “religious freedom and protect marital equality rights equally under the law.”
O’Malley’s press conference today signals that he may take a more active role in leading on marriage equality legislation. He was criticized earlier this year for not taking a more visible role in support of the 2011 bill.
“I’m supportive of this bill in the upcoming session, and so supportive that I’ve decided to make it one of the handful of bills that will be an administrative priority.”
When asked by a reporter if his own views on marriage equality had changed, the governor said, “I have always believed in the dignity of every individual. I believe in our own responsibility to advance the greater good. And I also understand that there is a unity of the spirit and matter, and that what we do in our own lifetimes does matter.”
He continued, “As a free and and diverse people of many faiths, we choose to be governed under the law … governed by certain principles and beliefs. Among them, equal protection of the law for every individual and the free exercise of religion free of interference from government. Other states have found a way to protect both of these fundamental beliefs. Therefore in the 2012 legislative session I will sponsor legislation that protects religious freedom and protects marital equality rights equally under the law.”
“I was raised to understand that there are certain things that churches and religions dispense, and that the government should not interfere with defining those,” the governor said when asked about his own evolution on marriage, after previously favoring civil unions rather than full marriage equality. “That’s what we seek to protect, both of those freedoms, that is equality under the law in terms of rights conferred.”
While taking questions, O’Malley emphasized that while he supported civil unions in the past, he’s always believed in equal protection under the law.
“The difficulty that we face as a diverse people was how to enforce a consensus that will protect rights equally under the law,” he said, “the development of that consensus, the ability to come together around marital equality is something that I think is one of the faster moving issues of opinion that we’ve seen in our country for some time.”
He also brought up the victory for marriage equality in New York, and noted that process will influence strategy in Maryland as well.
“Each state learns from the other states,” the governor said. “I would like to think that in New York, they learned from our experience, and we will learn from their experience.”
He continued, “New York showed you could protect religious freedom and you can protect protect rights equally and that’s what we’re going to do with this bill.”
When asked about the influence the momentum from New York had on his decision to hold today’s press conference, O’Malley said the bill’s prospects are stronger because the coalition pushing the bill is much better developed.
“I think the broad nature of this coalition is something I’m very much encouraged by and by the success in New York. It is a fundamental truth that with every accomplishment, further accomplishments appear possible. When New York was able to bring people together—and do it by the way, in a bi-partisan way—and were able to bring into their coalition… a number of religious leaders.” He said, “We still have a lot to do, and this coalition is important, and this is the way to get it done, and certainly New York’s success in accomplishing the marital equality bill in New York was something encouraging to everyone, including myself.”
There had been some speculation within the Maryland LGBT community that a second chance for a 2011 success may surface in the state’s October special session for redistricting, but the governor was quick to dismiss that strategy.
“I think most of us are focused on the upcoming regular session, and I think that time will be well used to broaden this coaltion,” O’Malley said.
When asked what he thought about the possibility of opponents of marriage equality bringing a referendum to the ballot undoing any new law, O’Malley said, “It’s their right under the laws,” but added that he is focused on getting the law passed by a broad coalition of leaders from throughout the civil rights and religious communities so that such efforts would not gain traction.
“I’m very optimistic that if all of us work hard and all of us stay focused on the important principles at stake here, which are freedom of religion and also equal protection under the law,” he continued, “that we can pull together the necessary votes for passage.”
“We know that we have work to do, because it did not work the last time, and that’s why we’re here today. To commit ourselves to that work.”
During the press conference, several lawmakers took the podium to emphasize the size and scope of the new coalition to pass a bill legalizing same-sex marriage in the Free State.
“Many during the past session said this was not a civil rights issue,” said Sen. Robert J. Garagiola, (D-Montgomery Co). “I don’t see how you can’t look at it as a civil rights issue. You just look at our history—American history, Maryland history—we had laws on the books that discriminated between different races, and right now we have laws on the books that discriminate between two loving people. To me it’s the same exact thing.”
“We had a little bit of courage from one Republican in the Maryland Senate, Allan Kittleman,” the senator continued. “To me this is an issue where Democrats and Republicans should come together.”
“The governor is saying this is what’s right,” said Del. Benjamin Barnes (D-Anne Arundel & Prince George’s County). “We’re a nation founded on equality, and when you deny certain individuals their rights under marriage, you deny them certain fundamental equal rights. This governor is saying this is not just, and we’re going to have equality in the state of Maryland.”
Ezekiel Jackson of the Servicemembers Employee International Union local 1199 of Maryland and the District of Columbia was also on hand to announce the union’s involvement with the coalition taking the lead on passing marriage in 2012. Jackson claims SEIU’s membership on the coalition makes sense because families should not have to leave the state of Maryland in order to get married and take advantage of the benefits marriage affords.
“Anytime we look at a situation where residents are spending money outside of Maryland, we rush to find ways to keep that money in Maryland,” Jackson said. “Why can’t we do the same thing with families?”
Many members of the Maryland LGBT Caucus were on hand to praise the governor as well, including Sen. Richard S. Madaleno Jr. (D-Montgomery County), and Del. Maggie McIntosh.
The only openly gay member of the Senate, Madaleno enthusiastically took the microphone to praise O’Malley for pledging to lead in passing marriage equality in Maryland.
“This is probably going to be the second most exciting moment that I have had in this room,” Sen. Madaleno said. “And it will only be surpassed by the moment within the next nine months that we will stand here, with [the governor], pen in hand, to sign into law the marriage equality bill.”
“Maryland, in history, is the seventh state in the union to have embraced the Constitution,” Madaleno pointed out. “And in the next nine months, we will be the seventh state in this country to embrace marriage equality.”
Del. McIntosh, Maryland’s first openly gay lawmaker, and former majority leader, has known O’Malley throughout his political career, beginning with his time on the Baltimore City Council. “All of us in the legislature who are openly gay members would like to thank you for your leadership, Gov. O’Malley,” she said at the press conference. “Your sponsorship and your willingness to continue toward marriage equality in Maryland means so much to so many families in Maryland. So we’re going to win!”
When asked how the LGBT Caucus is mapping out its strategy with the governor and who has taken the lead, McIntosh told the Blade that, while the members of the LGBT Caucus have yet to meet with the governor over this bill, officially, she and Madaleno have been working with the governor’s chief legislative officer, Joe Bryce.
“Obviously Sen. Mandeleno and I have had conversations with the governor, and many of our colleagues have had conversations with the governor urging him to take the lead,” McIntosh said. “We will work with Joe Bryce going forward, probably looking at the New York law, looking at ours—ours was only two or three votes short—so is there something we can tweak. We have to all be on the same wavelength about that. But we will introduce a bill, and I think we will absolutely work with his office hand-in-hand to get the legislation passed.”
“We were working closely with members of the LGBT Caucus and other supporters of marriage equality last session earlier this year,” Marty Rouse, national field director for the Human Rights Campaign, told the Blade. “And now we work very closely with the GLBT delegates, and working with Progressive Maryland and others. If there’s a difference between earlier this year and today, it’s a much broader and deeper coalition. And now with the support of the governor, clearly we have a much better chance of getting this passed next session.”
Marylanders for Marriage Equality, a new group, announced last week a major coalition to begin a statewide effort to press for passage of a marriage equality bill in 2012. The coalition includes Progressive Maryland, 1199 Service Employees International Union, Communications Workers of America, American Federation of State, County Municipal Employees (AFSCME), American Civil Liberties Union of Maryland, Equality Maryland, the Human Rights Campaign, Pride in Faith, Maryland Black Family Alliance and Catholics for Equality.
District of Columbia
D.C. Council gives first approval to amended PrEP insurance bill
Removes weakening language after concerns raised by AIDS group
The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.
The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.
The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.
Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.
Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.
Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.
The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”
Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.
“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.
In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”
During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug.
“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.
“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.
In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”
Maryland
4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy
Substitute teacher Kimberly Polk challenged regulation in 2024
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.
District of Columbia
Norton hailed as champion of LGBTQ rights
D.C. congressional delegate to retire after 36 years in U.S. House
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.

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.

“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.”


