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BREAKING: MD HOUSE PASSES MARRIAGE

Major hurdle overcome; Senate next to vote

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Freedom to Marry, gay news, Washington Blade

UPDATE: According to Del. Mizeur, Del. John Bohanan also intended to vote for the bill but was not recorded by the voting system. The vote count reflecting that information would be 72-67.

Supporters of same-sex marriage cheer following the passage of the Civil Marriage Protection Act in the Maryland House of Delegates. (Washington Blade photo by Michael Key)

ANNAPOLIS — The Maryland House of Delegates passed a bill to legalize same-sex marriage tonight by a razor-thin margin of 72-67.

Del. Tiffany Alston’s (D-Prince George’s) vote in favor of the bill proved critical to its passage. Del. Sam Arora (D-Mont. Co.), a former supporter of the bill, voted against it.

“Today, the House of Delegates voted for human dignity,” Gov. Martin O’Malley said in a statement. “Speaker Busch and his fellow Delegates deserve a lot of credit for their hard work.  At its heart, their vote was a vote for Maryland’s children.”

He continued, “There is still work to be done and marriage equality has not yet been achieved in Maryland.  Wherever we happen to stand on the marriage equality issue, we can agree that all our children deserve the opportunity to live in a loving, caring, committed, and stable home, protected equally under the law.”

“We could not be more grateful to the delegates who today voted to make all Maryland families stronger,” said Joe Solmonese, president of the Human Rights Campaign. “Today, we took a giant step toward marriage equality becoming law – and we are in this position due to the unwavering leadership and resolve of Governor O’Malley, Speaker Busch and our legislative allies.”

AN IN DEPTH LOOK AT THE VOTE FROM THE WASHINGTON BLADE

EARLIER: At 2:45 the Maryland House of Delegates adjourned after voting down three amendments to the Civil Marriage Protection Act, while adopting two amendments, one by former marriage foe, Del. Tiffany Alston.

Del. Dumais stands in support of Del. Alston's amendment. (Washington Blade photo by Michael Key)

The Alston amendment, supported by many in the LGBT delegation, including Dels. Clippinger, Mizeur, Cullison, and Washington, as well as the bill sponsor, floor leader Del. Dumais — who spoke passionately in favor of same-sex unions throughout the debate — would make clear that the law would not go into effect until all legal challenges to the law, or any referendum process relating to the law, have been exhausted.

The amendment sparked a heated debate between Republicans and Democrats in regard to the power of the amendment to effect the referendum process and the power of the courts in intervening. Minority leader Anthony O’Donnell sought to move to special order on the bill and the amendment for an opinion on the impact from Attorney General Douglas Gansler, tabling the debate on both until Monday. The motion on the special order was handily defeated 55-79, to the chagrin of many.

Tiffany Alston (Washington Blade photo by Michael Key)

The Alston amendment — which could signal a shift in support for that delegate — passed easily 81-52, easing the way for those troubled by the bill to feel more comfortable in voting in its favor.

“It was something that could add a level of comfort for some people,” Del. Washington told the Blade. “This is something that we could negotiate on.”

Though the LGBT lawmakers would not comment on whether or not they think that Alston will now support the law, after her surprise vote against in March of 2011, all indicated a hope that she’s come around.

“We believe that she is raising this in good faith,” Del. Cullison told the Blade in regard to Alston’s possible support after passage of her amendment. “And if that’s what makes her comfortable with the bill, knowing that all of the safeguards for the referendum are in place, then I hope she’ll be more comfortable with voting for the entire bill.”

“We hope it makes her feel more comfortable,” Del. Clippinger added.

On Sam Arora, Del. Clippinger hopes that he’s moved back to the side of supporting same-sex marriage, after his surprise rejection of the law in March of 2011.

“I don’t know where he stands right this second,” Del. Clippinger told the Blade. “I don’t know how he’s going to stand until I see a dot on the board.”

“But at the same time, he’s expressed some misgivings, he passed in committee, he asked questions in regard to Del. Alston’s amendment, we certainly hope that if it will help him fell more comfortable maybe that will move him along,” Clippinger added.

Minority leader, Del. O'Donnell attempted to have Del. Alston's amendment tabled until Monday. (Washington Blade photo by Michael Key)

Del. Arora voted against the Alston amendment.

In 2010 when Sam Arora was campaigning for the House of Delegates, he was able to pull massive amounts of LGBT support and fundraising money as a result of his close ties with gay Democratic activists and his pro-same-sex marriage position, at that time. Many of his former colleagues indicated a feeling of anger and betrayal after his 2011 flip on the issue. Since that vote, Arora has been ambiguous about his stance on the current effort.

Washington County Republican Del. Andrew Serafini proposed an amendment that would push the age of consent for same-sex marriages to 18, rather than allow the same-sex marriages to adhere to the current age of consent laws that allow girls under the age of 16 to marry with parental consent and proof of pregnancy. Supporters of the same-sex marriage bill argued that it may be time to change the age of consent in Maryland, but that there ought not to be differences between same-sex and opposite sex couples, should the bill pass and get signed into law. The amendment failed 54-81.

Openly gay Del. Washington celebrates Friday's win. (Washington Blade photo by Michael Key)

The delegates also passed on an amendment by Washington County Republican Del. Neil C. Parrott that would allow parents to opt out of allowing their children be exposed to curriculum that they find objectionable in terms of its presentation of same-sex marriage.

“That already is the law,” Montgomery Co. Democrat, Del. Anne Kaiser, argued before the House voted down the amendment 48-73.

Prince George’s Co. Democrat, Del. Aisha Braveboy offered the amendment that same-sex marriage advocates railed hardest against. The amendment would have changed the date the law becomes effective from October 2012 to January 2013, which would prevent marriages from occurring before an expected ballot initiative vote takes place. After impassioned discussion, despite strong opposition, the amendment was passed on a 72-67 vote.

Additionally, a short debate preceded a vote on amending the bill to change the word “marriage” to “civil unions” in the law. After supporters of same-sex marriage presented evidence from around the nation where civil unions were found to be inferior to marriage in offering couples equal protection, the delegates rejected the amendment 45-78.

Yesterday we reported that the Maryland House of Delegates on Thursday put off for at least one day a scheduled debate on legislation to legalize same-sex marriage, leading some to speculate that supporters lack the votes to pass the legislation.

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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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