Local
Maryland Senate passes same-sex marriage bill
O’Malley set to sign next week; bruising referendum campaign to begin
Maryland Gov. Martin O’Malley has pledged to sign a bill extending marriage rights to same-sex couples. (Blade photo by Michael Key)
The Maryland Senate voted 25 to 22 Thursday night to approve a bill to legalize same-sex marriage, clearing its final hurdle in the state legislature before it goes to Gov. Martin O’Malley, who has pledged to sign it.
The historic vote triggered a burst of applause and cheers in the Senate chamber by supportive lawmakers and LGBT activists, who packed the visitor’s gallery.
“We could not be more grateful to the senators who today voted to make all Maryland families stronger,” said Joe Solmonese, president of the Human Rights Campaign, which is a member of Marylanders for Marriage Equality, a coalition of LGBT and allied organizations that pushed for the bill.
“Today we took another giant step toward marriage equality becoming law – and we are in this position due to the unwavering leadership and resolve of Gov. O’Malley and our legislative allies,” Solmonese said.
U.S. House Minority Leader Nancy Pelosi (D-Calif.) called the Senate vote “an extraordinary victory for the people of Maryland and a critical step forward in the march for marriage equality nationwide.”
Pelosi added, “As a native Marylander, this vote is a source of personal pride; as an American this action is a symbol of our progress as a nation and as a people.”
The Senate vote came six days after the Maryland House of Delegates passed the bill by a razor-thin one-vote margin. That vote followed an intense lobbying effort by O’Malley, who is credited with helping to persuade the few wavering Democratic delegates needed to put the bill over the top.
Unlike past years, O’Malley this year introduced the marriage bill as part of his legislative package and placed all of the resources of his office behind the bill.
But supportive and opposing lawmakers acknowledged in the Senate floor debate Thursday night that the Civil Marriage Protection Act now faces its most daunting hurdle — a bruising referendum campaign leading up to the November election, when voters will have the final say on whether the bill should be enacted into law.
Public opinion polls show Maryland voters are nearly evenly divided on the issue of same-sex marriage, with supporters showing a slight lead.
Most political observers believe opponents of the bill have the resources to gather the required number of petition signatures needed to place the measure on the ballot in the November election, when President Barack Obama’s name will also be on the ballot.
The bill died in the House of Delegates last year after clearing the Senate. Supporters decided to pull it from the House floor without a vote after determining they didn’t have the votes to pass it.
The Senate passed the bill last year by a vote of 25-21. Its approval of the bill on Thursday night by a 25-22 vote did not represent a change in the breakdown of supporters and opponents, according to observers at the state capital in Annapolis.
Sen. Joanne Benson (D-Prince George’s County) announced her opposition to the bill last year but was unable to reach the Senate floor to vote at that time, resulting in her being listed as not voting. Benson voted ‘no’ on the bill this time.
She was among 11 Democrats who voted against the bill on Thursday, opposing the 24 Democrats who voted ‘yes’ in the 47-member Senate.
Eleven Republicans voted against the bill, with just one, Sen. Allan Kittleman (R-Carroll & Howard Counties), voting for it.
In the House debate last week several opponents delivered highly emotional speeches condemning the bill as a threat to traditional marriage and an infringement on religious rights. Thursday’s Senate debate was more measured, with opponents saying their positions were based mostly on religious beliefs while expressing respect for same-sex couples.
Sen. Jamie Raskin (D-Montgomery County), an American University law professor, served as floor leader for the marriage bill. LGBT advocates for the bill have long credited him with using a firm but diplomatic approach in refuting arguments that legalizing same-sex marriage would infringe on religious rights or create problems for traditional marriage.
Sen. Rich Madaleno (D-Montgomery County), the Senate’s only openly gay member, called on his colleagues to support the bill to provide equality and dignity to “all” families, including those headed by same-sex couples.
“We all cherish families,” he said, adding that the bill is intended for “people who find love and want a family.”
Noting that he and his partner are raising two kids, Madaleno said he considers himself a “married man” and part of the “family of Maryland” without the right to legalize his and his partner’s relationship with a marriage license.
“It is the marriage license that symbolizes the commitment,” he said. “It makes it worthwhile. I want that marriage license in the State of Maryland.”
In his closing remarks, Raskin praised his fellow senators on both sides of the political aisle for their “extraordinary civility and decency and even affection that pervaded these very tough discussions.”
He told of his personal bout with colon cancer last year, just as the Senate deliberated over the marriage bill, saying his doctors have given him a “clean bill of health” at this time.
“But I learned that there is a difference between misfortune and injustice in life,” he said, noting that a cancer diagnosis, which can happen to anyone, is a misfortune.
“But if you find someone to love in this life and to have and to hold and to dedicate your life to and you have kids together and you want to be married… and you can’t do it, that’s not a misfortune, that’s an injustice because we have the power to do something about it,” he said. “And today we have.”
Senate observers said Senate President Thomas V. Mike Miller (D-Anne Arundel County), who voted against the bill, took the unusual step of explaining why he did so. Miller, who has said all along that he opposes same-sex marriage on religious grounds, has been praised by the bill’s supporters for making sure it would reach the floor for a vote.
“Am I on the wrong side of history?” he asked. “As a historian, there is no doubt about it… I believe marriage is between a husband and a wife and that is why I voted the way I did,” he said.
Should Maryland’s marriage equality bill clear the referendum hurdle, the state joins D.C., Massachusetts, New York, Iowa, New Hampshire, Connecticut, Vermont and Washington State in allowing same-sex couples to marry.
“There remains a lot of work to do between now and November to make marriage equality a reality in Maryland,” said HRC’s Solmonese. “Along with coalition partners, we look forward to educating and engaging voters about what this bill does. It strengthens all Maryland families and protects religious liberty.”
Evan Wolfson, executive director of Freedom to Marry, the national same-sex marriage advocacy organization, startled HRC and other partners of the Marylanders for Marriage Equality coalition earlier this year when he expressed concern that supporters of the bill had not demonstrated the capability to win in a referendum fight.
“Lesbian and gay couples, their families, and non-gay friends and neighbors made a powerful case for the freedom to marry, which all should enjoy,” Wolfson told the Blade after the Maryland Senate vote Thursday night.
“The lawmakers responded to these moving stories of love and commitment,” he said. “Now, HRC, Marylanders for Marriage Equality, and those who led the passage of this bill must defend it against the attack coming in November. “
Asked if Freedom to Marry would become involved in the Maryland referendum fight, Wolfson said only, “You have my comment.”
Here’s how Maryland’s senators voted:
Voting Yea
Brochin, James (D) Baltimore Co.
Conway, Joan Carter (D) Baltimore
Ferguson, William C., IV (D) Baltimore
Forehand, Jennie M. (D) Montgomery
Frosh, Brian E. (D) Montgomery
Garagiola, Robert J. (D) Montgomery
Gladden, Lisa A. (D) Baltimore
Jones-Rodwell, Verna L. (D) Baltimore
Kasemeyer, Edward J. (D) Howard
Kelley, Delores G. (D) Baltimore Co.
King, Nancy J. (D) Montgomery
Kittleman, Allan H. (R) Howard
Klausmeier, Katherine A. (D) Baltimore Co.
Madaleno, Richard S., Jr. (D) Montgomery
Manno, Roger (D) Montgomery
McFadden, Nathaniel J. (D) Baltimore
Montgomery, Karen S. (D) Montgomery
Pinsky, Paul G. (D) Prince George’s
Pugh, Catherine E. (D) Baltimore
Ramirez, Victor R. (D) Prince George’s
Raskin, Jamie B. (D) Montgomery
Robey, James N. (D) Howard
Rosapepe, James C. (D) Prince George’s
Young, Ronald N. (D) Frederick
Zirkin, Robert A. (D) Baltimore Co.
Voting Nay
Astle, John C. (D) Anne Arundel
Benson, Joanne C. (D) Prince George’s
Brinkley, David R. (R) Frederick
Colburn, Richard F. (R) Dorchester
Currie, Ulysses (D), Prince George’s
DeGrange, James E., Sr. (D) Anne Arundel
Dyson, Roy P. (D) St. Mary’s
Edwards, George C. (R) Garrett
Getty, Joseph M. (R), Carroll
Glassman, Barry (R) Harford
Jacobs, Nancy (R) Harford
Jennings, J. B. (R) Harford
Mathias, James N., Jr. (D) Worcester
Middleton, Thomas M. (D) Charles
Miller, Thomas V. Mike (D) Calvert
Muse, C. Anthony (D) Prince George’s
Peters, Douglas J. J. (D) Prince George’s
Pipkin, E. J. (R) Cecil
Reilly, Edward R. (R) Anne Arundel
Shank, Christopher B. (R) Washington
Simonaire, Bryan W. (R) Anne Arundel
Stone, Norman R., Jr. (D) Baltimore Co.
District of Columbia
‘Sandwich guy’ not guilty in assault case
Sean Charles Dunn faced misdemeanor charge
A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10.
Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets.
Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers standing in front of the shop.
Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.
“I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.
“And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”
The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.
Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured.
Prosecutors with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.
“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”
The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1.
Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom.
Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.
Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.
The dispute over the intricacies of the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.
Court observers have said in cases like this, a jury could have issued a so-called “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.
DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.
“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.
Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.
Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident.
“I would like to thank family and friends and strangers for all of their support, whether it was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.”
“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.
“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.
Maryland
Democrats hold leads in almost every race of Annapolis municipal election
Jared Littmann ahead in mayor’s race.
By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.
Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.
Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”
The rest of this article can be read on the Baltimore Banner’s website.
Democrats on Tuesday increased their majority in the Virginia House of Delegates.
The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.
All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.
Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)
Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.
Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.
Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.
Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.
The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.
Shreya Jyotishi contributed to this article.
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