Local
Md. marriage bill dead for year
Equality group remains optimistic; leaders call move a ‘strategic step’
Delegate Mary Washington (D-Baltimore City) (Blade photo by Michael Key)
A bill to legalize same-sex marriage in Maryland died in the Maryland House of Delegates Friday after supporters determined they did not have the votes to pass it and sent it back to committee without taking a vote.
The decision to return the bill to the House Judiciary Committee, which approved it two weeks ago by a one-vote margin, came after an impassioned two-and-a-half hour debate in which six of the House’s seven openly gay members urged their colleagues to support marriage equality.
“It is best to delay this historic vote until we are absolutely sure we have the votes to win,” Equality Maryland, a statewide LGBT group, said in a statement. “While we are disappointed the House did not vote to pass marriage equality today, we are confident we will win in the future.”
House Speaker Michael Busch (D-Anne Arundel County) said in a news conference after the debate that the bill would be brought back in 2012.
Many LGBT activists watching from the visitor’s gallery did not know of plans to pull the bill if the 71 votes needed to pass it in the 141-member House could not be obtained. Some reacted with shrieks and gasps when the House approved by voice vote a motion to “recommit” the bill to committee, with nearly all of the bill’s supporters voting “aye.”
When asked how close the vote would have been, Busch told reporters that backers of the bill believed a vote would have been “very close” but decided the best course of action would be to give wavering delegates more time to mull over the issue.
“There was a chance we could have had 71,” he said. “There was an opportunity to have 70 or 69…But I think they didn’t feel comfortable that there was the full 71 vote.”
Busch was also asked why a close vote that might have resulted in the bill’s defeat this year was ruled out if everyone agreed to bring the legislation back for a vote next year.
“In my personal opinion, I think those who felt uncomfortable might have voted no and had a tough time coming back and voting yes,” he said.
According to Busch and others familiar with the House of Delegates, no more than about 10 delegates would likely be swayed to change their vote one way or the other. If a vote were held Friday and some voted no, they might be reluctant to vote for the bill next year out of fear of being accusing of being a “flip-flopper,” some of the bill’s supporters said.
Equality Maryland board member Daryl Carrington agreed with Busch’s rationale for avoiding a vote.
“We did not want to have a negative vote on the record,” said Carrington. “And we believe that it gives us the time we need. It was a strategic step to give us the additional time we need to get this done.”
Supporters lined up enough votes to defeat two amendments considered hostile to the bill, raising the possibility that backers of the bill might have enough support to pass the measure.
One of the amendments, introduced by Del. John Olszewski (D-Baltimore County), called for expanding a provision in the bill that allows religious institutions to refuse to provide goods and services and accommodations related to the “promotion of marriage” if doing so violates the institution’s religious beliefs.
The bill limits the exemptions to “religious programs, counseling, educational courses, summer camps, and retreats.” Oloszewski’s amendment would have expanded the exemption to include any program or activity operated by a religious institution, even if such products or services were offered to the general public.
The amendment was defeated by voice vote.
The second amendment, offered by Del. Cheryl Glenn (D-Baltimore City), called for eliminating the bill’s marriage provisions entirely and turning it into a civil unions bill. Her amendment also went down to defeat by a voice vote. When she asked for a roll call vote to verify the vote breakdown, Busch used his authority as speaker to refuse the roll call vote request.
Del. Emmett Burns (D-Baltimore County), an opponent of the bill, argued during the debate that the bill’s supporters were incorrectly comparing their quest for marriage equality and other LGBT rights initiatives with the black civil rights movement.
He said same-sex marriage had nothing to do with civil rights, adding that it would “validate and uphold the homosexual lifestyle,” which is contrary to his religious beliefs.
“I am a black man. I cannot change my color,” he said. “Those who are gay can disguise their propensity. They can disguise who they are.”
Del. Keiffer Mitchell (D-Baltimore City), a supporter of the marriage bill, took exception to Burns’ interpretation of the civil rights movement. Noting that he is the grandson of nationally acclaimed African-American civil rights activist Clarence Mitchell, Keiffer Mitchell said he was honored that the LGBT community and other minorities have modeled their own struggles for equality on the black civil rights movement.
Although the LGBT civil rights struggle is not the same as the black civil rights struggle, it is still falls under the category of civil rights.
“When we deny people equality under the law it is a civil rights issue,” he said.
Lesbian Delegates Heather Mizeur, Anne Kaiser, and Bonnie Cullison, each a Democrat from Montgomery County; lesbian Del. Mary Washington (D-Baltimore City); and gay Del. Luke Clippinger (D-Baltimore City) each gave impassioned floor speeches about how legalizing same-sex marriage would impact them.
While not mentioning fellow delegates opposing the bill by name, each said they were troubled and, in some cases, hurt and offended by opponents’ claims that allowing them to marry would harm children, take away religious rights, and damage the institution of marriage.
Mizeur told of her own struggle as a devout Catholic with her sexual orientation as a teenager and young adult. She said she has long since reconciled her identity as a lesbian and devoted Christian, saying she believes deeply that God accepts her for who she is.
Noting she and her partner have been married for five years, Mizeur said, “What we’re asking for is equal protection under the law…You can still choose to believe we are immoral.”
Virginia
Miyares joins efforts to fight Title IX changes
Republican Va. AG part of multi-state effort
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.”
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 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.
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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.
Maryland
What Anne Arundel County school board candidates think about book bans
State lawmakers passed Freedom to Read Act in April
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.
PHOTOS: Taste of Point
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US Census Bureau testing survey on LGBTQ households
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Comings & Goings
Pride season has begun
4th Circuit rules gender identity is a protected characteristic
Judy Shepard to receive Presidential Medal of Freedom
New World Bank US executive director: LGBTQ rights are human rights
MISTR announces it’s now prescribing DoxyPE
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Federal Government5 days ago4th Circuit rules gender identity is a protected characteristic
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The White House2 days agoJudy Shepard to receive Presidential Medal of Freedom
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World4 days agoNew World Bank US executive director: LGBTQ rights are human rights