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Ugly testimony at Md. marriage hearing

Opponents invoke pedophilia, incest while denouncing bill

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Sen. Brian Frosh and Sen. Lisa Gladden (Blade photo by Michael Key)

ANNAPOLIS, Md. — As many as 300 supporters and opponents of a bill to legalize same-sex marriage in Maryland packed the halls of a State Senate office building in Annapolis Tuesday while several dozen witnesses testified on both sides of the issue.

The Democratic-controlled Judicial Proceedings Committee, which conducted a hearing on the bill, was expected to approve the measure and send it to the full Senate within the next week or two.

A majority of the members of the 11-person committee are co-sponsors or supporters of the bill, the Religious Freedom and Civil Marriage Protection Act.

Most political observers believe supporters have the votes to pass the bill in the Senate and the House of Delegates. Gov. Martin O’Malley has said he would sign the bill.

But opponents, led by Maggie Gallagher, chair of the National Organization for Marriage, said they remain hopeful that supporters would fall short of obtaining the 24 votes needed to pass the bill in the Senate or the 29 votes needed to stop a Senate filibuster.

“Marriage is the union of husband and wife for a reason,” Gallagher said in her testimony. “These are the only unions that can make new life and connect children in love to their mom and dad … If Maryland adopts this radical new view of marriage, it will have consequences,” she said.

Many of the witnesses testifying against the bill — including ministers, an orthodox rabbi, and two Roman Catholic priests — picked up on Gallagher’s view that procreation is the cornerstone of marriage. They said changing the definition of marriage to include same-sex couples would have a detrimental impact on families and society.

An equal number of witnesses, including a Catholic nun and Catholic lay leaders, two reform rabbis and at least a half-dozen Protestant ministers, both black and white, disputed those assertions, saying they believe same-sex unions strengthen rather than harm the family. Many of the witnesses backing the bill identified themselves as people of faith.

“My God loves everyone,” said Elbridge James, a lobbyist for the NAACP and director the Maryland Black Family Alliance.

“My God did not make a mistake,” he said. “And so if you were gay, my God did not make a mistake. If you were lesbian my God did not make a mistake. If you were transgender, my God did not make a mistake. And tonight, when I go home to my wife, nothing will deter me from loving my wife — certainly not if there’s a bill that protects gays, protects lesbians or protects the transgender community.”

Several of Maryland’s gay elected officials testified in favor of the bill. Among them was Sen. Richard Madaleno (D-Montgomery County), a co-sponsor of the bill who has been a longtime advocate for marriage equality in the state. Others included Chevy Chase, Md., Mayor David Loveland and Howard County Register of Wills Byron Macfarlane.

Among Republicans testifying in support of the bill was Sen. Allan Kittleman (R-Howard & Carroll Counties). Kittleman, the former Senate minority leader, initially planned to introduce a civil unions bill as a possible alternate measure to the marriage bill. Two weeks ago, he dropped those plans and announced his enthusiastic support for the marriage measure.

“I stand here as a strong Republican,” he told the committee, adding that he believes marriage equality is in full keeping with Republican principals of individual freedom.

Sen. Brian Frosh (D-Montgomery County), chair of the committee, said at the start of the hearing that more than 140 people signed up to testify.

Their names, organizational affiliation and information on whether they were for or against the bill weren’t immediately available because the committee did not release a witness list on the day of the hearing.

In a procedure unlike the equally packed hearing for a same-sex marriage bill approved by the D.C. City Council last year, the Judicial Proceedings Committee in Maryland required witnesses to sign up in person to testify on the morning of the hearing, preventing the committee from compiling an advance witness list and releasing it to the media.

Based on the testimony delivered during the day, it appeared that the witnesses were about equally divided between supporters and opponents of the bill. As Frosh and Sen. Lisa Gladen (D-Baltimore City), the committee’s vice chair, called witnesses to testify, many were not present, indicating that a significant number chose not to wait their turn to speak at a hearing that lasted more than six hours.

Lisa Polyak, a board member and spokesperson for Equality Maryland, the statewide LGBT organization that coordinated testimony in support of the bill, said the group lined up about 48 supporting witnesses. She said others supporting the bill, including a number of same-sex couples, came on their own.

“We were extremely gratified for all of the families that came out, all of our community partners, and all of the clergy that came out to speak their truth and support us,” she said. “I don’t think we could have had a better diversity of representation.”

Among those testifying was Polyak’s and her partner, Gita Deane’s daughter, 14-year-old Maya Deane-Polyak, a freshman at Baltimore’s Bryan Mawr High School.

“My moms’ first concern has always been my sister and I,” said Maya. “They make sure our every need is met, whether it is helping us with homework, driving us to a friend’s house or merely just being there to cheer us up when we are sad — they do it all and even more.”

Noting that she has witnessed first-hand examples of how her two moms encounter discrimination because they can’t marry in Maryland, she urged the committee to promptly approve the marriage bill.

“So I ask you to please consider, consider the fact that you have the power to change my family’s life when you make your decision,” she said. “I want our moms to be married. You have the power to make that happen.”

Many of the witnesses opposing the bill said broadening marriage to include same-sex couples would weaken the family structure and harm children. Several said children of same-sex parents don’t do as well in school and show greater signs of emotional problems compared to kids of opposite-sex, married parents. LGBT activists have said those assertions are not supported by impartial studies.

Austin Nimocks, senior legal counsel for the Alliance Defense Fund, a conservative litigation group that challenges same-sex marriage laws throughout the country, testified that restricting marriage to opposite-sex couples insures that children are raised by a “stable family.”

He said “responsible procreation” is a key reason why Maryland and other states should not legalize marriage for same-sex couples. By pushing to “redefine” marriage to include gay and lesbian couples “you are telling people that mothers and fathers don’t matter,” he told the committee.

In response to questions by committee member Jamie Raskin (D-Montgomery County), a co-sponsor of the marriage bill, Nimocks acknowledged that some same-sex couples may make good parents, saying “you can find individual circumstances that go against a general rule.”

But other witnesses opposing the bill said there could be no exceptions to their religious-based belief that child rearing by same-sex parents is always harmful to children, both psychologically and spiritually.

“That union of our parents was a sacred right granted to them by almighty God,” said Timonium, Md., resident Gerard Selby. “God’s design for the human race was that it be procreated by the union of a man and a woman.”

He added, “Where do we draw the lines? What comes next? If a man loses his wife to a premature death, shouldn’t he be allowed to marry his daughter, or son, or both?

Leroy Swales (Blade photo by Michael Key)

Leroy Swales, an Oxon Hill, Md., resident who testified last year against the D.C. same-sex marriage bill, told the committee Tuesday that approval of the bill, among other things, would result in Maryland’s elementary schools using the book “Heather Has Two Mommies,” which he called a “pedophile book,” as a teaching aid for students.

Saying that homosexuality is related to an “electrical imbalance of the brain,” he called on the committee to use “science” and biblical scriptures as justification for defeating the bill.

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Virginia

Miyares joins efforts to fight Title IX changes

Republican Va. AG part of multi-state effort

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Virginia Gov. Glenn Youngkin listens as Attorney General Jason Miyares addresses an audience at a legislative signing ceremony in the Virginia Capitol on April 5, 2024. (Photo courtesy of Miyares’s office)

BY NATHANIEL CLINE | Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect. 

The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ students has come under attack by Republican attorneys general in several states.

Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.

“The Biden administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”

Virginia Attorney General Jason Miyares at the Virginia State Capitol on Jan. 10, 2024. (Photo by Nathaniel Cline/Virginia Mercury)

Attorney generals from Tennessee, Indiana, Kentucky, Ohio, and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.

Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972. 

The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information, and supports students and families. 

Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ students to come to school as themselves without fear of harassment or discrimination.

“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.

The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education. 

Protections

While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ students and employees, including providing complete protection from sex-based harassment, and prohibiting schools from sharing personal information.

Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.

The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.  

The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children. 

The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed. 

Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.

Virginia policies

In 2021, the first model policies for trans students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of trans and nonbinary students and to protect the privacy and rights of these students. 

However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.

The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.” 

Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.

The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.

“All Virginia students, including our transgender and nonbinary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior trans rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”

Athletics not included

The provisions under the new Title IX rule did not mention anything about requiring schools to allow trans students to play on teams that align with their gender identity. Virginia has taken its own shot at banning trans athletes from competing in sports through legislation.

In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported. 

The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.

The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for trans athletes to participate on teams that match their gender identity, but under certain conditions.

Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.

State Sen. Tammy Brankley Mulchi (R-Mecklenburg), who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.

Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.

“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.

However, state Sen. Stella Pekarsky (D-Fairfax) argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”

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Nathaniel Cline

Nathaniel is an award-winning journalist who’s been covering news across the country since 2007, including politics at the Loudoun Times-Mirror and the Northern Neck News in Virginia as well as sports for the Plain Dealer in Cleveland, Ohio. He has also hosted podcasts, worked as a television analyst for Spectrum Sports, and appeared as a panelist for conferences and educational programs. A graduate of Bowie State University, Nathaniel grew up in Hawaii and the United Kingdom as a military brat.

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The preceding article was previously published by the Virginia Mercury and is republished with permission.

Nonprofit. Nonpartisan. No paywalls. Fair and tough reporting on the policy and politics that affect all of us is more important than ever. The Mercury brings you coverage of the commonwealth’s biggest issues from a team of veteran Virginia journalists.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Local

Comings & Goings

SBA names Cosme D.C. Small Business Owner of the Year

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Manny Cosme

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 Manny Cosme, owner of CFO Services Group, who was named Small Business Owner of the Year, for Washington, D.C., by the Small Business Administration. 

SBA Administrator Isabel Castillas Guzman said, “Our 2024 National Small Business Week award winners exemplify excellence, innovation, and commitment, and the SBA is proud to showcase their incredible achievements and impact on their communities and our economy.” Upon being notified of the award Manny said, “I am incredibly honored and humbled to receive the Small Business Owner of the Year award from the Small Business Administration. This recognition serves as a testament to my team’s hard work, dedication, innovation, and impact in our local community.  As a small business owner, I have always strived to embody excellence in my company’s services and commitment to my clients. My team and I are proud to represent the thriving small business communities across the country, and we remain committed to driving innovation, growth, and positive change in our industry.”

Cosme is the founder and current president and CEO of CFO Services Group. The firm is focused on providing bookkeeping, outsourced accounting departments, and fractional CFO advisory services, to growing small businesses and non-profit organizations. The company is headquartered in D.C., with team members and clientele throughout the United States. In addition to working with private business and non-profit clients, CFO Services Group partners with various economic development agencies, such as local governments, chambers of commerce organizations, CDFIs and SBDC centers, to provide free financial literacy and technical assistance to businesses in underserved communities. 

Manny has served as the Vice President of Finance & Administration for the United States Hispanic Chamber of Commerce. He recently served as the Finance Chair for the Greater Washington Hispanic Chamber of Commerce, and Vice President of the Equality Chamber of Commerce. He is often sought after in keynote discussions on entrepreneurism and finance for fellow business owners. 

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Maryland

What Anne Arundel County school board candidates think about book bans

State lawmakers passed Freedom to Read Act in April

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Parents in some Maryland school districts have organized campaigns to restrict the kinds of books allowed in school libraries. (Photo by Kylie Cooper/Baltimore Banner)

BY ROYALE BONDS | Parents’ efforts to restrict content available to students in school libraries has become a contentious issue in Maryland. Conservative parent groups, such as Moms for Liberty, have been working to get books they believe are inappropriate removed from libraries in Carroll and Howard counties, sparking protests, new policies, and even a state law.

The Freedom to Read Act, passed in April, sets standards that books cannot be removed from public and school libraries due to an author’s background. Library staff that uphold the standard are protected under this act. The law, however, does not prohibit removing books deemed “sexually explicit,” the stated reason local Moms for Liberty chapters challenged school library books.

The rest of this article can be read on the Baltimore Banner website.

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