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Plan now for a marriage referendum in Maryland

Supporters must look past legislative fight if a victory is to stand

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After the victory on the marriage equality bill in the Senate during the 2011 Maryland General Assembly, I asked a former official at Equality Maryland if plans were afoot to combat a likely referendum should the marriage bill be signed into law. That person said that, “we are focused on winning in the House, and we’ll worry about the referendum later.”

On the surface, that response seemed prudent. The legislative battle had yet to be won, and energy and resources must be dedicated to jumping that hurdle before you look further down the track. And with a potential ballot initiative taking place 19 months in the future, arguably there was time to mount a strong defense.

Unfortunately, the marriage bill fell short by only a few votes in the House without an actual floor vote taken. On top of that, Equality Maryland, the principal group leading the legislative effort, essentially imploded in terms of organizational stability, finances, and to some extent, its reputation within the LGBT community.

Its board, which fired the executive director and experienced multiple resignations following the session, is attempting to bounce back. But Equality Maryland will not be the vanguard for the marriage bill, as a new organization, Marylanders for Marriage Equality (MME), was launched in July.

Nor will Equality Maryland be the sole steward to secure protections on the basis of gender identity, as that effort is being headed by Gender Rights Maryland. That bill could also face a referendum attempt.

The fledgling MME is a coalition of organizations that will renew the fight in the legislature. It is comprised of Progressive Maryland, 1199 SEIU, ACLU, Human Rights Campaign (HRC), National Gay and Lesbian Task Force as well as Equality Maryland.

If the marriage bill is passed and signed into law, you can assume the opposition will garner the required number of signatures, regardless of the method, and the issue—“Should marriage only be between a man and a woman?”—will be offered to the voters.   And with the next General Assembly ending in April 2012, there is precious little time to organize, raise funds, and execute a winning strategy to thwart the inevitable referendum come November.

Accordingly, the time to plan for such an eventuality is now—not after the bill is signed and the predictable celebrations fade away.

The main focus of the plan should be to bring in money—lots of it—and in a down economy to boot. Just to raise funds to counter the advertisements by opponents in the high-priced media markets of Baltimore and Washington will be daunting in itself. The need for printed material, phone banking and other related expenses will cost a bundle as well.

There will be a plethora of well-funded, well-organized groups from within Maryland and throughout the U.S. that will be highly motivated to ensure that marriage equality does not stand in Maryland. This opposition is formidable and will include but is not limited to the National Organization for Marriage (NOM), the Catholic Archdiocese, Focus on the Family, the American Family Association, the Mormon Church and the mega-churches in predominantly African-American areas of Baltimore City and Prince George’s County.

NOM alone spent $1.8 million in support of Proposition 8 in 2008. The next year in Maine, NOM was the majority contributor to the anti-equality Stand for Marriage Maine with $1.6 million geared toward Question 1. Overall, in 2009, NOM’s total expenditures were roughly $7.5 million.

The task becomes even more exigent as a full-blown, all-out education campaign is required, especially among African-Americans and Catholics. With President Obama on the 2012 ticket, turnout among black voters is expected to be high. This is particularly significant in Maryland with its high proportion of African Americans (nearly 30 percent). And according to the Public Religion Research Institute, 2 out of 3 African-American Protestants oppose marriage for same-sex couples.

Older citizens tend to be socially conservative, and as a group, they are more apt to vote. Moreover, the Dream Act referendum will also be on the ballot drawing out many voters to defeat that law who are also likely to oppose same-sex marriage.

If the opposition succeeds, the law is dead, and it could take decades before politicians decide to overrule the “will of the people.”

For Marylanders for Marriage Equality it’s understandable to focus on winning the immediate battle in the legislature. But it will be useless if we lose the war. To win the war we have to match our opponents dollar for dollar and then some. Start the planning now!

 

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Commentary

America is going in the wrong direction for intersex children

Lawmakers are criminalizing care for trans youth, while permitting irreversible harm to intersex babies

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(Bigstock photo)

I live with the consequences of what America is willing to condone in the name of “protecting children.”

When I was young, doctors and adults made irreversible decisions about my body without my informed consent. They weren’t responding to an emergency. They were responding to discomfort with innate physical differences and the social and medical pressure to make a child’s body conform to a rigid female-male binary. That’s the part people like to skip over when they talk about “child welfare”: the harm didn’t begin with my identity. It started with adults deciding my healthy body needed fixing.

That’s why the hypocrisy unfolding right now from statehouses to Capitol Hill feels so familiar, and so dangerous. 

While harmful medical practices on intersex children, the nearly 2 percent born with differences in one or more of their physical sex characteristics, have been ongoing in the U.S. for decades, until recently, there was no law specifically condoning it. 

This month, House Republicans passed one of the most extreme anti-trans bills in modern American history, advancing legislation that would criminalize gender-affirming medical care for transgender youth and threaten doctors with severe penalties for providing evidence-based treatment. The bill is framed as a measure to “protect children,” but in reality, it weaponizes the criminal legal system against families and providers who are trying to support young people in surviving adolescence.

At the same time, the administration has proposed hospital and insurance policies designed to choke off access to affirming care for trans youth nationwide by making providers fear loss of federal funding, regulatory retaliation, or prosecution. This is a familiar strategy: don’t just ban care outright; instead, make it so risky that hospitals stop providing it altogether. The result is the same everywhere. Young people lose access to care that major medical associations agree can be lifesaving.

All of this is happening under the banner of preventing “irreversible harm.”

But if America were genuinely concerned about irreversible harm to minors, the first thing lawmakers would address is the medically unnecessary, nonconsensual surgeries still performed on intersex infants and young children, procedures that permanently alter healthy tissue, often without urgent medical need, and long before a child can meaningfully participate in the decision. Human rights organizations have documented for years how these interventions are justified not by medical necessity, but by social pressure to make bodies appear more typically “female” or “male.” 

Here is the uncomfortable truth: all of the state laws now banning gender-affirming care for transgender youth explicitly include exceptions that allow nonconsensual and harmful intersex surgeries to continue.

A recent JAMA Health Forum analysis found that 28 states have enacted bans on gender-affirming care for minors that carve out intersex exceptions, preserving doctors’ ability to perform irreversible “normalizing” procedures on intersex children even while prohibiting affirming care for trans adolescents.

This contradiction is not accidental. It reveals the real priority behind these laws.

If the goal were truly to protect children from irreversible medical interventions, intersex kids would be protected first. Instead, these policies target one group of children, transgender youth, while continuing to permit permanent interventions on another group whose bodies challenge the same rigid sex and gender binary that lawmakers are trying to enforce.

Intersex people are routinely erased from American policy debates, except when our bodies are invoked to justify harmful laws, warning that intersex children are being used as legal loopholes rather than protected as human beings. This “protect the children” rhetoric is routinely deployed to justify state control over bodies, while preserving medical practices that stripped intersex children like me of autonomy, good health, and choice. Those harms are not theoretical. They are lifelong.

What makes this moment even more jarring is that the federal government had finally begun to recognize intersex people and attempt to address the harms suffered.

In 2024, at the very end of his term, the Biden administration released the first-ever intersex health equity report — a landmark admission that intersex people have been harmed by the U.S. health care system. Issued by the Department of Health and Human Services, the report documents medically unnecessary interventions, lack of informed consent, and systemic erasure and recommends delaying irreversible procedures until individuals can meaningfully participate in decisions about their own bodies.

This should have been a turning point. Instead, America is moving in the opposite direction.

On day one, President Trump issued an executive order defining “sex” in a way attempting to delegitimize the existence of transgender Americans that also erased the existence of many intersex people. 

When medicine is used to erase difference, it is called protection, while care that supports self-understanding is treated as a threat. This is not about medicine. It is about control.

You cannot claim to oppose irreversible harm to children while legally permitting surgeries that intersex adults and human rights experts have condemned for decades. You cannot claim to respect bodily autonomy while denying it selectively, based on whose bodies make lawmakers uncomfortable.

Protecting children means protecting all children, transgender, intersex, and cisgender alike. It means delaying irreversible interventions when they are not medically necessary. It means trusting and supporting young people and families over politicians chasing culture-war victories.

America can continue down the path of criminalizing care for some children while sanctioning harm to others, or it can finally listen to the people who have lived the consequences.

Intersex children deserve laws that protect their bodies, not politics that hurt and erase them.

Kimberly Zieselman is a human rights advocate and the author of “XOXY: A Memoir”. The author is a co-author of the JAMA Health Forum article cited, which examined state laws restricting gender-affirming care.

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Opinions

New research shows coming out is still risky

A time of profound psychological vulnerability

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(Photo by Iryna Imago/Bigstock)

Coming out is often celebrated as a joyful milestone – a moment of truth, pride, and liberation. For many LGBTQ+ people, that’s exactly what it becomes. But new research I co-authored, published in the journal Pediatrics this month, shows that the period surrounding a young person’s first disclosure of their sexual identity is also a time of profound psychological vulnerability. It’s a fragile window we are not adequately protecting.

Using data from a national sample of lesbian, gay, and bisexual people, our study examined what happens in the years before and after someone comes out to a family member or a straight friend. We weren’t looking at broad lifetime trends or comparing LGBTQ+ youth to heterosexual peers. Instead, we looked within each person’s life. We wanted to understand how their own suicide risk changed around the moment they first disclosed who they are.

The results were unmistakable. In the year a person came out, their likelihood of having suicidal thoughts, developing a suicide plan, or attempting suicide increased sharply. Those increases were not small. Suicide planning rose by 10 to 12 percentage points. Suicide attempts increased by 6 percentage points. And the elevated risk didn’t fade quickly. It continued in the years that followed.

I want to be very clear about what these results mean: coming out itself is not the cause of suicidality. The act of disclosure does not harm young people. What harms them is the fear of rejection, the stress of navigating relationships that suddenly feel uncertain, and the emotional fallout when people they love respond with confusion, disapproval, or hostility.

In other words, young LGBTQ+ people are not inherently vulnerable. We make them vulnerable.

And this is happening even as our culture has grown more affirming, at least on the surface. One of the most surprising findings in our study was that younger generations showed larger increases in suicide risk around coming out compared to older generations. These are young people who grew up with marriage equality, LGBTQ+ celebrities, Pride flags in classrooms, and messaging that “it gets better.”

So why are they struggling more?

I think it’s, in part, because expectations have changed. When a young person grows up hearing that their community is increasingly accepted, they may expect support from family and friends. When that support does not come, or comes with hesitation, discomfort, or mixed messages, the disappointment is often devastating. Visibility without security can intensify vulnerability.

Compounding this vulnerability is the broader political environment. Over the last several years, LGBTQ+ youth have watched adults in positions of power debate their legitimacy, restrict their rights, and question their place in schools, sports, and even their own families. While our study did not analyze political factors directly, it is impossible to separate individual experiences from a climate that routinely targets LGBTQ+ young people in legislative hearings, news cycles, and social media.

When you’re 14 or 15 years old and deciding who to tell about your identity, the world around you matters.

But the most important takeaway from our study is this: support is important. The presence, or absence of family acceptance is typically one of the strongest predictors of whether young people thrive after coming out. Research consistently shows that when parents respond with love, curiosity, and affirmation, young people experience better mental health, stronger resilience, and lower suicide risk. When families reject their children, the consequences can be life-threatening.

Support doesn’t require perfect language or expertise. It requires listening. It requires pausing before reacting out of fear or unfamiliarity. It requires recognizing that a young person coming out is not asking you to change everything about your beliefs. They’re asking you to hold them through one of the most vulnerable moments of their life.

Schools, too, have an enormous role to play. LGBTQ+-inclusive curricula, student groups, and clear protections against harassment create safer environments for disclosure. 

Health care settings must also do better. Providers should routinely screen for mental health needs among LGBTQ+ youth, especially around the time of identity disclosure, and offer culturally competent care.

And as a community, we need to tell a more honest story about coming out. Yes, it can be liberating. Yes, it can be beautiful. But it can also be terrifying. Instead of pretending it’s always a rainbow-filled rite of passage, we must acknowledge its risks and surround young people with the support they deserve.

Coming out should not be a crisis moment. It should not be a turning point toward despair. If anything, it should be the beginning of a young person’s journey toward authenticity and joy.

That future is possible. But it depends on all of us – parents, educators, clinicians, policymakers, and LGBTQ+ adults ourselves – committing to make acceptance a daily practice.

Young LGBTQ+ people are watching. And in the moment they need us most, they must not fall into silence or struggle alone.


Harry Barbee, Ph.D., is an assistant professor at the Johns Hopkins Bloomberg School of Public Health. Their research and teaching focus on LGBTQ+ health, aging, and public policy. 

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Letter-to-the-Editor

Candidates should pledge to nominate LGBTQ judge to Supreme Court

Presidential, Senate hopefuls need to go on the record

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U.S. Supreme Court (Washington Blade photo by Michael Key)

As soon as the final votes are cast and counted and verified after the November 2026 elections are over, the 2028 presidential cycle will begin in earnest. Polls, financial aid requests, and volunteer opportunities ad infinitum will flood the public and personal media. There will be more issues than candidates in both parties. The rending of garments and mudslinging will be both interesting and maybe even amusing as citizens will watch how candidates react to each and every issue of the day.

There is one particular item that I am hoping each candidate will be asked whether in private or in public. If a Supreme Court vacancy occurs in your potential administration, will you nominate an open and qualified LGBTQ to join the remaining eight?

Other interest groups on both sides have made similar demands over the years and have had them honored. Is it not time that our voices are raised as well? There are several already sitting judges on both state and federal benches that have either been elected statewide or approved by the U.S. Senate.

Our communities are being utilized and abused on judicial menus. Enough already! Challenge each and every candidate, regardless of their party with our honest question and see if honest answers are given. By the way … no harm in asking the one-third of the U.S. Senate candidates too who will be on ballots. Looking forward to any candidate tap dancing!

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