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Freedom to Marry spurns Md. marriage campaign

Nat’l group uncertain local supporters can defeat referendum

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Evan Wolfson

Evan Wolfson says that a Maryland marriage bill would be vulnerable to a voter referendum. (Washington Blade photo by Michael Key)

The head of the national advocacy group Freedom to Marry startled leaders of Maryland’s campaign to pass a same-sex marriage bill in 2012 when he implied this week that organizers weren’t doing the work needed to defeat an expected voter referendum to overturn such a bill.

Evan Wolfson, executive director of Freedom to Marry, told the Washington Blade on Monday that his group chose not to join a coalition of local, state and national groups called Marylanders for Marriage Equality. The coalition is leading efforts to lobby the Maryland Legislature to approve a same-sex marriage bill when it convenes in Annapolis in January.

“We are deeply committed, as we have been for years, to ending exclusion from marriage in Maryland and throughout the country,” Wolfson told the Blade in an email.

But he added, “In Maryland, because of the likelihood that marriage legislation can be forced onto the ballot, the key question is not just passing a bill in the legislature, but defending it against an attack campaign via ballot measure,” he said.

“Freedom to Marry has made it clear to members of the coalition and to lawmakers that our goal is to win, not simply to pass a bill, if there is not sufficient groundwork and investment in a campaign to win at the ballot,” he said.

“We have continued to press for clarity and progress on benchmarks for success, and have urged elected officials, national organizations, and advocates on the ground to show the plan, investment, and activities needed now to build public support and succeed at the ballot, not just the legislature,” he told the Blade in his email message about the Maryland marriage campaign.

Spokespersons for two of the lead coalition partners of Marylanders for Marriage Equality – Fred Sainz of the Human Rights Campaign and Lisa Polyak of Equality Maryland – responded cautiously to Wolfson’s comments, saying the coalition is actively engaged in laying the groundwork and mapping strategy for fighting a possible marriage referendum.

Other sources familiar with the coalition’s member groups, who spoke on condition that they not be identified, said at least some of the coalition’s representatives took offense at Wolfson’s remarks. They said he appeared to be drawing conclusions about the coalition’s capabilities and setting criteria for it to obtain help from Freedom to Marry without knowing the full details of the coalition’s activities since it formed in July.

In addition to HRC and Equality Maryland, other members of Marylanders for Marriage Equality include the NAACP of Baltimore, the ACLU of Maryland, the Service Employees International Union of Maryland, the National Gay and Lesbian Task Force, Progressive Maryland, the National Black Justice Coalition, Catholics for Equality, Maryland Faith for Equality, Maryland NOW, the Family Equality Council, and Parents and Friends of Lesbians and Gays (PFLAG).

“With the help of all of our coalition partners we believe that both a legislative fight as well as a referendum is very winnable in Maryland,” said HRC spokesperson Fred Sainz. “In fact, our recent polling shows that 51 percent of Marylanders would support it,” he said in referring to the same-sex marriage bill.

Another HRC spokesperson, Kevin Nix, released to the Blade the results of a poll that HRC commissioned from the polling firm Garin Hart Yang, which shows 51 percent of those polled would vote in support of same-sex marriage in a possible Maryland referendum. The poll showed 44 percent would vote against same-sex marriage in such a referendum, while 5 percent were undecided or had no opinion.

Nix said the poll was conducted Oct. 20-23 of this year.

“We believe that the numbers will continue to grow and the enthusiasm for marriage equality will only become greater should there be the need for a referendum,” Sainz said.

Lisa Polyak, board chair for Equality Maryland, acknowledged that the makeup of the Maryland Legislature will be the same in January as it was in March of this year, when it failed to pass a same-sex marriage bill due to lack of support in the House of Delegates. The State Senate passed the measure in what observers called an historic development.

But Polyak said the difference going forward is that Maryland Gov. Martin O’Malley, a Democrat, has agreed to introduce the bill this time around and serve as its chief sponsor in the legislature’s 2012 session, providing an important boost for its chances of passing.

“At Equality Maryland, we’re following the governor’s lead and we intend to show that his confidence and the ability of Maryland to pass this legislation are well founded,” she said. “We are going to work and work and work to not just pass the bill through the legislature but to deal with anything that comes after it to make sure that we achieve the goal of legal equality for our families through civil marriage.”

Asked if she believes the coalition is prepared to fight a ballot referendum, Polyak said, “Yes, we feel that we are and will be prepared if that becomes a reality.”

Maryland State Sen. Rich Madaleno (D-Montgomery County), who’s gay, said he, too, believes the coalition is quickly building an infrastructure needed to fend off a referendum. However, he said a referendum is not an absolute certainty. Under Maryland’s referendum law, organizers of a referendum must obtain about 52,000 petition signatures in a period of less than three months.

In past referendum battles, those opposing a referendum have challenged the validity of many of the signatures in efforts that have sometimes succeeded in preventing a referendum from reaching the ballot.

Melissa Goemann, legislative director of the ACLU of Maryland, said her organization and the coalition as a whole are “definitely” working on a plan to deal with a referendum over the marriage bill. She said ACLU of Maryland has hired a field director to work full-time on the marriage bill.

“We are very enthusiastic,” she said.

Others familiar with the Maryland coalition acknowledge that fighting a voter referendum will be a daunting task if recent history is a predictor of the outcome. Since 2004, opponents of same-sex marriage have succeeded in persuading voters in 29 states to approve ballot measures banning same-sex marriage in those states’ constitutions.

In 2006, same-sex marriage supporters in Arizona succeeded in defeating a ballot measure seeking to put in place a draconian constitutional amendment that would have banned same-sex marriage in the state as well as civil unions and domestic partnership rights for same-sex couples. The defeat marked the first and only time a state ballot measure calling for banning same-sex marriage had been beaten back.

But a short time later, Arizona voters passed a less restrictive ballot measure that bans same-sex marriage while allowing civil unions or domestic partnerships.

The National Organization for Marriage, the group leading efforts to oppose same-sex marriage in the United States, boasts that opponents of same-sex marriage have a perfect record of 29-0 in the fight against same-sex marriage.

Despite these odds, marriage equality advocates, including Wolfson, have said in the recent past that efforts to pass same-sex marriage bills in state legislatures or through the courts should continue. In discussing the approval in 2008 by California voters of Proposition 8, which overturned that state’s same-sex marriage law, Wolfson said the debate over Prop 8 played an important role in educating the American public about the importance of marriage equality.

Although Prop 8 was a defeat for LGBT equality in the short term, Wolfson has said it opened the way for “conversations” about marriage equality among the American people that would lead to the changing of hearts and minds of the public in the near future.

Some of the participants of Marylanders for Marriage Equality, speaking on condition that they not be identified, said the same principles should apply to Maryland. They said Wolfson should not impose a “benchmark” on the Maryland effort that calls for a guarantee that a referendum will be defeated before Freedom to Marry or other national organizations will lend their support.

Wolfson responded to these concerns in a follow-up email on Tuesday reiterating his belief that some benefit can be achieved even if a state marriage referendum loses. But he said such a benefit can only come about if supporters of marriage equality wage an effective and well thought-out campaign.

“[W]hen we engage in these campaigns against ballot attacks, we should fight so as to at least ‘lose forward,’ i.e., gain ground and set the stage for the next fight, via public education and enlisting support, even if we can’t prevail on the enemy’s timeframe by election day,” he said.

“So it is true that I believe in the value, indeed the necessity, of persuasion,” he added, which he described as lesson number two. “Lesson 1 was win,” he said.

“In Maryland, we have the opportunity to actually win and hold marriage, if we do what is needed not just to advance a bill but to mount a sustained and sufficient campaign to defend marriage at the ballot,” Wolfson said. “Benchmarks for achieving and holding the win are what Freedom to Marry has called for.”

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Comings & Goings

Freedman-Gurspan takes role in Mass. governor’s administration

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Raffi Freedman-Gurspan

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to Raffi Freedman-Gurspan on being appointed Associate Director, Federal Funding & Infrastructure Office, at the Massachusetts Executive Office for Administration & Finance. Freedman-Gurspan will be returning to her hometown of Boston and joining Gov. Maura Healey’s Administration. Freedman-Gurspan served in both the Obama and Biden administrations as well as worked in LGBTQ and redistricting advocacy during her 11 years in D.C. 

Freedman-Gurspan was the first openly transgender person on the White House staff when she worked for President Obama. She most recently served at the U.S. Department of Transportation in former Secretary Pete Buttigieg’s office, as Deputy Director of Public Engagement. Previously she worked with the National Redistricting Action Fund/The All On The Line Campaign, as Deputy States Director.  She worked for the National Center for Transgender Equality (NCTE) as Director of External Relations. In the Obama White House, she worked in the Office of Public Engagement, as Senior Associate Director. She was the White House Liaison to the LGBTQ community responsible for management of all public inquiries on matters regarding LGBTQ people, including recommending public responses to senior leadership, assisting in drafting administration talking points, and coordinating stakeholder engagement with the White House offices.  She worked with the White House, Presidential Personnel Office (PPO), as Outreach and Recruitment Director.  

Prior to that she was on the staff of Commonwealth of Massachusetts, House of Representatives Office of State Rep. Carl Sciortino, as legislative director, and worked for the City of Somerville, Health Department, Office of Commissions, Somerville, Mass., as LGBTQ Liaison.  

Freedman-Gurspan served on the United States Holocaust Memorial Council, the Presidentially Appointed Council; and as a member, and Board Member, Boston University, College of Arts and Sciences, Women’s, Gender & Sexuality Studies Program.

She earned her bachelor’s degree in Political Science and Norwegian, concentration in Nordic Studies, from St. Olaf College, Northfield, Minn.  

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District of Columbia

Murdered Israeli embassy officials were supporters of D.C.’s LGBTQ synagogue

Bet Mishpachah calls fatal shooting outside Capital Jewish Museum ‘devastating’

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Bet Mishpachah members march at the Second National March on Washington for Lesbian and Gay Rights, Oct. 11, 1987. (Photo courtesy of Lillian and Albert Small Capital Jewish Museum Collection. Gift of Bet Mishpachah with thanks to Joel Wind & Al Munzer)

The two Israeli embassy officials who were shot to death outside D.C.’s Capital Jewish Museum Wednesday evening, May 21, were strong supporters of Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, according to a statement it released.

“We are especially devastated by the loss of our dear colleague and friend of Bet Mishpachah, Sarah Milgram, and her soon to be fiancé, Yaron Lischinsky,” the LGBTQ synagogue said in a May 22 statement.

“Sarah was the liaison between Bet Mishpachah  and the Israeli Embassy, working closely with our staff and clergy,” the statement says. “Her warmth, professionalism, and deep commitment to building bridges within the Jewish community made her not only a trusted partner but a beloved part of our extended congregational family,” according to the statement.

A statement also released on May 22 by the office of the United States Attorney for the District of Columbia says Chicago resident Elias Rodriguez, 30, has been charged with two counts of first-degree murder along with other weapons related charges in connection with the shooting deaths of Milgram and Lischinsky. 

Officials with the D.C. police and the FBI, which has joined D.C. police in continuing to investigate the case, have said Rodriquez arrived in D.C. from Chicago one day prior to the shooting and appears to have targeted an event taking place at the Capital Jewish Museum for violence at the time it was hosting an event called “Young Diplomats Reception,” in which Israeli Embassy officials were in attendance.

Police and FBI officials have said Rodriguez allegedly shot Milgrim and Lischinsky after they left the Capital Jewish Museum at the conclusion of the event. The museum is located at 575 3rd Street, N.W.

“Surveillance footage reportedly shows Rodriquez walking past the victims before turning and firing multiple rounds,” the U.S. Attorney’s statement says. “After the victims fell, he allegedly continued firing at close range, including as one attempted to crawl away,” it says, adding, “Investigators recovered a 9 mm handgun and 21 spent shell casings at the scene.”

Police have said Rodriguez walked into the Capital Jewish Museum after the shooting and was detained by security guards until D.C. police arrived. Witnesses said he began to shout, “free, free Palestine” before police took him into custody. 

“Make no mistake, this attack was targeted, antisemitic violence,” said Steven Jenson, an FBI assistant director working on the investigation. “The FBI will continue to pursue all leads and use all available resources to investigate this heinous murder,” he said in the statement. 

The fatal shooting took place five days after the Capital Jewish Museum opened a special exhibition called “LGBT Jews in the Federal City” on May 16. “This landmark exhibition explores a turbulent century of celebrations, activism, and change in the nation’s capital by D.C.’s LGBTQ+ Jewish community,” the museum said in a statement announcing the exhibition.

Photos and documents related to Bet Mishpachah make up a prominent part of the exhibition.

During a May 22 press conference organized by the U.S. Attorney for D.C., Jeanine Pirro, to provide an update on the investigation into the two murders, Pirro and FBI official Jensen referred to the two murders as a hate crime and terrorist act. 

In response to a question from the Washington Blade asking if investigators were looking into whether the LGBTQ exhibition at the Capital Jewish Museum might have played some role in Gonzales’s motive for targeting the museum, Pirro responded to the question.

“So, we are looking into absolutely everything,” she said. “There is so much information we’re looking at. And I must tell you, coming from New York, I’ve never seen the cooperation and coordination that I’m seeing here. It was immediate. It was instant. It was coordinated. And my hat’s off to this area. We’re going to clean it up, thank you,” she said in ending the press conference.

Josh Maxey, Bet Mishpachah’s executive director, said he and Israeli Embassy official Milgram became friends during their two-and-a-half-year interaction working on joint events between the embassy and Bet Mishpachah.

“This became a wonderful two and a half years journey of putting events together, of hosting events together, doing different programs for the community,” Maxey told the Blade. Among the activities the two worked on, he said, was the embassy’s annual LGBTQ Pride event.

Maxie said his own grieving over the death of Milgram and her boyfriend Lischinsky was heightened by the fact that he spoke with her by phone on the day of the shooting shortly before she arrived at the Jewish Museum over plans about this year’s LGBTQ Pride events.

“Sarah really championed us to be included in Israeli events,” Maxey said. “And so, I am just devastated that this true embodiment of an ally was so viciously and violently taken away from us.”

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Delaware

Delaware marriage equality bill advances out of committee

Measure will now go before full state Senate

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Sen. Russ Huxtable introduced the measure to protect same-sex marriage in Delaware. (Washington Blade photo by Daniel Truitt)

The bill that would amend Delaware’s state constitution to codify same-sex marriage advanced out of the Senate Executive Committee on Wednesday and now goes to the Senate chamber for a vote. If passed, the vote would go on to the House. 

Three members of the committee voted favorable and one voted on its merits, meaning the member recommends the chamber take action on the legislation but does not take a position on what action should be taken. 

Senate Bill 100 was introduced in April by Democratic Sen. Russ Huxtable of the sixth district of Delaware and has 21 co-sponsors. It is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

Senate Substitute One was adopted in lieu of the original bill on May 16. SB 100 originally focused exclusively on marriage equality relating to gender and the bill was tweaked to include protection for all classes that fall under Delaware’s Equal Rights Amendment, including race, color, national origin, and sex. 

The Wednesday committee meeting heard testimony on SS 1 for SB 100 from individuals and organizations, including John Reynolds, Deputy Policy and Advocacy Director of Delaware’s chapter of the American Civil Liberties Union. 

“After hard fought recent victories, the rights of LGBTQ Americans are under attack in many places across our country,” Reynolds said during his testimony. “It is important that Delaware be proactive and serve as a firewall protecting individual civil liberties. SS 1 for SB 100 is an example of this important work cementing the protections for marriage equality in our state constitution.”

According to Sen. Huxtable, the ACLU helped provide feedback on some of the bill’s language. Reynolds said the ACLU thought it was important to testify because this is a moment when so much is changing.

“These attacks are not just on specific communities, they’re on this concept of equality and liberty,” Reynolds told the Washington Blade. “We need to build these firewalls to both prevent harm to folks on the frontline of these attacks but also ensure that we don’t set very problematic and damaging standards that can be used to roll back protections for large [swaths] of our population.”

SS 1 for SB 100 requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state constitution without a vote of the people. 

The Respect for Marriage Act was passed by the United States Congress in 2022 and signed into law by then-President Joe Biden. It codifies the right to same-sex and interracial marriage, requiring all states to recognize validly performed marriages from other states, regardless of whether they allow same-sex marriage within their own borders. 

In Virginia, a bill codifying marriage equality was signed into law in 2024. California, Colorado and Hawaii have also passed amendments to codify same-sex marriage into their constitutions. 

“We at the ACLU of Delaware are very excited that SS 1 for SB 100 passed out of committee yesterday,” Reynolds said. “It represents both Sen. Huxtable and the Delaware Legislature’s clear commitment to proactively protecting people’s rights within the LGBT community and outside to ensure that in this moment of uncertainty, we don’t sit idly by and wait for the worst to happen but take control of the things that we can to build the communities that we want.”

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