Forty delegates and nine senators started the first major push to recognize gay civil marriage since Maryland?s highest court ruled last year that state law prohibits it.
“If government is going to give rights and privileges, we have to do it without partiality or prejudice,” said Del. Ben Barnes, a freshman Democrat from College Park who is the lead sponsor.
The bill is called the Religious Freedom and Civil Marriage Protection Act to emphasize “no church, no mosque, no synagogue ought to be forced” to perform a marriage they object to, said Sen. Jamie Raskin, a constitutional law professor. “All rights and duties must be equal.” The bill essentially takes away the religious aspect to the marriage and opens the door for civil marriages where a judge can perform a ceremony.
“This is a bread and butter issue for my constituents,” said Raskin, a Takoma Park Democrat, since it affects taxes, benefits and property rights.
Freshman Del. Heather Mizeur, another Takoma Park Democrat, appeared at the news conference with her partner, Deborah Renay Mizeur, who held up the certificate of their exchange of vows. Marriage grants access to more than 400 state rights, Del. Mizeur said. “Deborah and I do not have the same rights” as Sen. Raskin and his wife.
For instance, if one partner dies, unlike married couples, they must pay taxes on half the portion of property jointly held in their names.
Marriage for gays is “the civil rights issue of our century,” said Del. Anne Kaiser, another gay legislator.
The majority of co-sponsors are not homosexual. “I know what discrimination is,” said Del.Craig Rice, a Germantown Democrat. “I didn?t have the choice to be black, and they didn?t have the choice to be gay.”
“There are thousands of same-gendered married couples in Maryland,” said Sen. Richard Madaleno, the only openly gay member of the Senate. “We?re working with the leadership of both chambers. We have the majority support” of Marylanders, Madaleno said, citing a recent Baltimore Sun poll earlier this month that found 19 percent of likely voters supported gay marriage and 39 percent backed civil unions.
Noting that his own union with his partner took place at a religious ceremony, Madaleno said “many religious institutions from across the state” do support gay marriage.
Senate President Thomas Mike Miller was doubtful that the law would change. “I don?t think there?s going to be any vote to change” Maryland law, which in 1973 established that marriage was a union between one man and one woman.
House Speaker Michael Busch agreed. “I think it?s highly unlikely that the current statute will change,” Busch said. “I don?t think there?s a majority on either side.”
“I personally would support civil union,” he said.
Gov. Martin O?Malley also supports civil unions, and not marriage.
