Maryland Becomes 17th State With Transgender-Specific Non-Discrimination Law

Good news! Maryland became the 17th state with an LGBT rights law that explicitly includes gender identity and gender expression to cover transgender and cisgender individuals from discrimination when Governor Martin O'Malley signed the measure today.

The Washington Blade reports:

O’Malley signing SB 212 into law caps off an eight-year effort to add gender identity and expression to Maryland’s anti-discrimination act. The measure is also the latest in a series of progressive bills that include the extension of marriage rights to same-sex couples, raising the state’s minimum wage and decriminalizing the possession of small amounts of marijuana that the governor has signed during his two terms in office. 

“It is always an amazing moment to be present when something that so many people have worked on for so many years comes to fruition,” said [Equality Maryland Executive Director Carrie] Evans. “We thank Gov. O’Malley for his continuing leadership on ensuring equality for LGBT Marylanders.” 

[...] 

Maryland will join 17 other states, D.C. and Puerto Rico that have added gender identity and expression to their anti-discrimination laws once the law takes effect on Oct. 1. The state’s hate crimes statute also include trans-specific protections.

Congratulations to Maryland!

Hat/tip to GLAAD Blog

GRAPHIC: LGBT Workplace Equality Across The United States

The map of where state law protects against discrimination based on sexual orientation or gender identity is shown in the above graphic provided by Lambda Legal.

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression. The U.s. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretation of Title VII are entitled to "great deference."

Maryland will be joining the states that have gender identity discrimination in a few days when Governor Martin O'Malley signs SB 212 into law. The measure passed the Maryland legislature last week and waits the Governor's signature.

Hat/tip to Joe.My.God

Maryland Becomes 18th State To End Death Penalty!

A little more than one year after passing a bill to enact marriage equality, Maryland has now enacted a law ending the death penalty in the state, becoming the 18th in the country, and more importantly the 6th in 6 years, to do so. Last year, Connecticut ended the death penalty in that blue state (which also has marriage equality).

According to the Death Penalty Information Center, the 18 states without the death penalty are:

Alaska (1957) Connecticut** (2012) Hawaii (1957) Illinois (2011) Iowa (1965) Maine (1887) Maryland*** (2013) Massachusetts (1984)

Michigan (1846) Minnesota (1911) New Jersey (2007) New Mexico* (2009) New York (2007)# North Dakota (1973) Rhode Island (1984)^ Vermont (1964)

West Virginia (1965) Wisconsin (1853) ALSO Dist. of Columbia (1981)

It's interesting that 8 of the 10 states that have enacted marriage equality are on this list, with only Washington and New Hampshire missing.

There was a bill to repeal Delaware's death penalty that died in committee recently. DPIC reports that there are seven states that do have the death penalty which have not executed a person within the last 10 years. The federal government, which does have the death penalty, has not executed anyone since March 18, 2003.

Maryland Is 18th State To Abolish Death Penalty!

IT'S OFFICIAL!! Maryland House of Delegates has just voted to END the death penalty! The legislation was... fb.me/H2kn2Bq4
— DPFocus (@DPFocus) March 15, 2013

Great news! The Maryland legislature has just completed passage of a bill that will end the death penalty in the state.

By a vote of 82 to 56, the House agreed to replace capital punishment with a sentence of life without parole. It approved the measure a week after the Senate passed the bill.

Governor Martin O'Malley, who has pledged to sign the bill into law, will decide the fate of the five men currently on Maryland's death row.

The bill was O'Malley's second attempt to overturn capital punishment since 2009. When he introduced the legislation in January, he said the death penalty was expensive and did not work.

"Year after year, states which have a death penalty have actually had a higher murder rate than states which do not have a death penalty," he said.

Maryland will become the 18th state in the United States to abolish the death penalty.

Maryland Finalizes Marriage Referendum Language

The official language of the referendum on Maryland's marriage equality law has now been set.
The measure will be known as Question 6 on the November 6, 2012 ballot and will look like:

Establishes that Maryland’s civil marriage laws allow gay and lesbian couples to obtain a civil marriage license, provided they are not otherwise prohibited from marrying; protects clergy from having to perform any particular marriage ceremony in violation of their religious beliefs; affirms that each religious faith has exclusive control over its own theological doctrine regarding who may marry within that faith; and provides that religious organizations and certain related entities are not required to provide goods, services, or benefits to an individual related to the celebration or promotion of marriage in violation of their religious beliefs.

The organization defending the law is Marylanders for Marriage Equality. They praised the ballot language as "accurate and straightforward." (A YES vote on the referendum supports marriage equality, just like the ballot measures in Washington and Maine.) The latest polling shows that marriage equality in Maryland is supported 54 percent to 40 percent.

Maryland: Poll Shows Support for Marriage Equality

Another poll confirms that support for marriage equality in Maryland is becoming a majority position, which is good news for supporters of equality as a referendum on the state's marriage equality law looms on the November 2012 ballot. A key result in the latest poll from Hart Research Associates indicates that African-Americans are split almost evenly about marriage equality.

In the above figure I have indicated the last four public polls about marriage equality in Maryland. 3 of the 4 have shown greater support for marriage equality than opposition. The latest poll, which was releases in early August, shows 54% support the marriage equality law as opposed to 40% who do not. This is good news, but since the margin of error is ±4.5 percentage points this indicates that there may not (yet) be a majority for marriage equality in Maryland.

Advocates such as myself for marriage equality are nervous about polls which indicate support for marriage equality prior to public (secret ballot) votes on the issue, because the public has repeatedly rejected the right when they had the chance. However, there are good indications that 2012 will produce more favorable results than we have previously had in 2008 (Proposition 8 in California) and 2009 (Question 1 in Maine). Critics of the latest poll results in Maryland point out that Hart is Governor Martin O'Malley's polling firm and is not an unbiased observer of the referendum fight since O'Malley has expended so much of his political capital in promoting nd enacting marriage equality in his state.

Only time will tell which side is correct about the true level of support for marriage equality at the ballot box and among the Maryland electorate.

1 Year Ago: New York Enacted Marriage Equality!

One year ago New York was celebrating the state legislature completing action on a marriage equality bill, which Governor Andrew Cuomo swiftly signed into law (and went into effect at 12:01am on July 24, 2011).

Since then Washington State and Maryland have passed and had signed into law (by Democratic Governors Christine Gregoire and Martin O'Malley, respectively) marriage equality bills, but they are not in effect until referenda on the issue are resolved during the November 6, 2012 general election. Additionally, Maine voters will be acting on a ballot measure circulated by pro-equality activists which, if passed, would enact marriage equality in that state as well.

How many more states do you think will have marriage equality by this time next year?

O'Malley Signs Maryland Marriage Equality Bill!

Democratic Governor Martin O'Malley signed Maryland's marriage equality bill into law on Thursday February 29th, making his state the 8th state in the country to currently have a same-sex marriage law on the books. However, since the bill will not go into effect until January 1, 2013, there will be no actual marriages in Maryland until a November 2012 referendum on the law is resolved.

Heterosexual supremacists have already announced that they intend to place the question on the ballot, and thus have until July 1, 2012 to collect 55,736 signatures and must also submit at least one third of that amount, 18,579 by June 1, 2012.

But February 29th was all about celebrating a long journey to have Maryland join the other states in the Union which have ended illegal gender discrimination in civil marriage (Massachusetts, Connecticut, Vermont, Iowa, New York, New Hampshire and Washington). Governor O'Malley himself used to oppose marriage equality and only supported civil unions but has since moved enthusiastically into the pro-marriage equality camp and demonstrate that by his willingness to sign the bill in front of television cameras and then open the Governor's mansion for a celebration afterwards.



Maryland is the third state legislature to pass a marriage equality bill in 2012 (following Washington State on February 8, 2012 and New Jersey on February 17, 2012) with the two Democratic Governors (like Chris Gregoire in Washington and O'Malley in Maryland signing the bills into law, both of which will be faced with referendum campaigns to annull these measures at the ballot box. In New Jersey, Republican Governor Chris Christie vetoed his state's marriage equality bill, but said he would have signed it into law if it included a referendum provision, which is anathema to Democratic legislators and LGBT activists in New Jersey.

Congratulations to Maryland! Now let's make sure same-sex couples will have the right to protect their families with all the responsibilities and privileges of civil marriage starting in January 2013 by defeating any campaign to prevent the bill from going into effect.

MD: Senate Passes Marriage Equality Bill 25-22!

Woo hoo! The Maryland State Senate completed work on  HB 438, the Civil Marriage Protection Act, by passing the legislation on a 25-22 vote, sending the measure to Democratic Governor Martin O'Malley who has promised to sign it into law.

NGLTF's Executive Director Rea Carey made a statement:

“Maryland and marriage equality will certainly make a lovely couple. Maryland is the Free State, after all. To be able to share and celebrate one's love and commitment both publicly and legally is a lifelong dream for thousands of same-sex couples and their families. It’s thrilling that Maryland is poised to make this a reality by becoming the latest state to treat its families fairly. This has been a long journey of changing hearts and minds, of breaking down walls, of shining a spotlight on our common humanity. Congratulations to Equality Maryland, Marylanders for Marriage Equality and all those who have been part of the journey leading to this victory.”

By this action Maryland will likely become the 8th state to legalize marriage equality. However, as I noted earlier in a blog post, it is not clear if the law will actually go into effect January 1, 2013 due to the referendum process in Maryland.

Heterosexual supremacists have until May 31st to gather 55,736 signatures to put the measure up for a vote on the November 6, 2012 ballot. Whether same-sex couples will be able to get married will depend on the outcome of the vote.

Maryland House Passes Marriage Equality 71-67!

Maryland Governor Martin O'Malley (D)

On the same day (within hours actually) that Republican Governor Chris Christie joined the wrong side of history by vetoing marriage equality legislation passed by the New Jersey legislature the day before, Democratic Governor Martin O'Malley showed the potency of his political capital with the 71-67 passage of a marriage equality bill in the Maryland House of Delegates.

Just one year ago, the Maryland House of Delegates had failed to even vote on a marriage equality bill after it passed the Maryland State Senate. During that vote, it revealed a lack of political will, even among allegedly progressive politicians like Sam Arora who had campaigned on their support for marriage equality then changed their minds when the vote became a reality.

The news today that Republican politicians like the karmically challenged Ken Mehlman and even the odious Dick Cheney were lobbying legislators in favor of the marriage equality legislation while Sam Arora was refusing to take a public stand roiled the LGBT blogosphere.

Governor O'Malley released a statement:

“Today, the House of Delegates voted for human dignity. 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….Now, as the Senate prepares to vote, all of us are needed – and we’re prepared to redouble our efforts. The common thread running through our efforts together in Maryland is the thread of human dignity; the dignity of work, the dignity of faith, the dignity of family, the dignity of every individual. Love is an unalienable right.”

As for Arora? He voted no (again). There are numerous people, yours truly included, who have a decided interest in making sure that his vote today against equality for all (after being personally lobbied by phone to vote yes by Bill Clinton, Governor O'Malley and Terry Mcauliffe) was a career-ending decision.

The bill is expected to pass the State Senate fairly quickly and be enthusiastically signed into law by Governor O'Malley, who becomes another 2016 Democratic presidential contender and sitting Governor who fought for marriage equality in his state (following in the footsteps of New York governor Andrew Cuomo and Washington governor Chris Gregoire). Only New York will definitely have marriage in 2013, because there is no practical process by which the state's marriage equality law can be challenged by referendum.

It also means that the 2012 elections will have three affirmative marriage equality ballot fights (if we win then same-sex couples can get married) in Maryland, Washington and Maine and two defensive marriage equality ballot fights (if we lose then marriage equality is banned at the state constitutional level) in North Carolina and Minnesota. Interestingly, all 5 states are considered "blue" (Democratic) states likely to cast their votes for President Barack Obama.

A serious question will need to be asked: do you spend more money on defense (North Carolina and Minnesota) or on offense (Washington, Maryland and Maine)? Plus there's the possible election of Tammy Baldwin as the first openly LGBT member of the United States Senate from Wisconsin.

It's definitely going to be an interesting election year!

POLL: Majority of Maryland Supports Marriage Equalty

The Washington Post published a poll on Tuesday which demonstrates the inexorable growth in the support for marriage equality in the state of marriage, indicating that it has reached majority support for the first time. 50% of respondents support marriage equality compared to 44% which oppose it.

The new poll found a sharp divide among Maryland Democrats based on race. Among whites, 71 percent support same-sex marriage, while 24 percent do not. Among blacks, 41 percent are supportive, while 53 percent are opposed. Maryland has the largest percentage of African Americans of any state outside of the Deep South.

[...]

The poll found that nearly three-quarters of those opposed to gay nuptials say their views stem primarily from their religious beliefs — a factor that makes lobbying on the issue more challenging.

By contrast, only 5 percent of same-sex marriage supporters say their views are largely shaped by religious beliefs. 

[...]

The Post poll found that among adult residents younger than 40, support for same-sex marriage is 63 percent, with 33 percent opposed. Among those 40 and older, 42 percent are in favor, while 51 percent are opposed.

Note that phrase again: 74% of people who oppose providing civil marriage licenses to same-sex couples cite their religious beliefs as a reason for their opposition. What part of civil marriage do they not understand? Just because someone has a marriage which your religion does not support or sanction is no reason to impose your religious beliefs in an area of public policy which applies to everyone. Civil marriages  are completely separate from church (mosque/temple) weddings!

It is so mind-boggling to me that religious people never think that they could be discriminated against because of their religious beliefs but they have no qualms about discriminating against other people who do NOT share their religious beliefs. Have they never heard of the golden rule (do unto others as they would do unto you)?

O Flying Spaghetti Monster, this just makes me so happy that I'm an atheist!

WA: Majority Of Senators Support Marriage Equality

Excellent news! In Washington State, there is now a majority of Senators who have publicly announced their support for pending marriage equality legislation.

According to the Seattle Times ("Legislature has the votes"):

Sen. Mary Margaret Haugen, D-Camano Island, announced Monday that she supports gay-marriage legislation in the Senate, giving proponents the 25 votes needed for passage.

The state House already has enough lawmakers in support of the measure to approve it. Gov. Chris Gregoire backs the bill as well.

[...]

"I know this announcement makes me the so-called 25th vote, the vote that ensures passage. That's neither here nor there. If I were the first or the seventh or the 28th vote, my position would not be any different," Haugen said in a statement.

"I happen to be the 25th because I insisted on taking this much time to hear from my constituents and to sort it out for myself, to reconcile my religious beliefs with my beliefs as an American, as a legislator, and as a wife and mother who cannot deny to others the joys and benefits I enjoy," she added. Haugen said her preference would be to send the issue to voters to decide, but there aren't the votes in the Legislature to do that.

It is widely expected that the same heterosexual supremacists who forced a referendum in 2009 on Washington's comprehensive domestic partnership bill (which they lost!) will do so again when Governor Gregoire signs the marriage equality bill into law.

The legislative majority correctly is refusing to include a ballot measure provision in the legislation because marriage equality is a civil right and they are supporting the  principle that the rights of a minority should not be decided by a majority vote.

In other exciting marriage news, the Democratic Governor of Maryland, Martin O'Malley is expected to introduce a marriage equality bill today.

Hat/tip to Joe.My.God.

Maryland Gov Announces Push For Marriage Equality

Maryland Governor Martin O'Malley announced new plans to make the legalization of marriage equality in the 2012 legislative session an administration priority for him. You may recall that a marriage equality bill passed the state senate earlier this year but at the last minute was recommitted (and killed) instead of being voted on in the House of Delegates. Governor O'Malley announced that he will using his political capital to ensure a bill reaches his desk next year.

ANNAPOLIS, MD (July 22, 2011) – Governor Martin O’Malley and Lt. Governor Anthony G. Brown today released the following statements regarding the Governor’s decision to sponsor same sex marriage legislation in the 2012 legislative session. Last year, same sex marriage legislation was proposed and sponsored by Senator Rob Garagiola, Delegate Kumar Barve and Delegate Ben Barnes:

Governor O’Malley:

“Marylanders of all walks of life want their children to live in a loving, stable, committed home – protected under the law.  As a free and diverse people of many faiths, we choose to be governed under the law by certain fundamental principles or beliefs, among them “equal protection of the law” for every individual and the “free exercise” of religion without government intervention.  Other states have found a way to protect both these rights.  So should Maryland. The legislation we plan to introduce in the 2012 legislative session will protect religious freedom and equality of marital rights under the law.” 

Lt. Governor Brown:

“All Marylanders deserve to be treated equally under the law, and I look forward to joining Governor O’Malley in working with the General Assembly to pass a Marriage Equality bill that will provide the same opportunity for all who wish to marry while fully protecting religious freedoms and views.  Every member of our community should enjoy the same freedoms and share the same responsibilities.”

Do the heterosexual supremacists really think they are going to win this fight? Since 2004 there have been more same-sex couples who have access to legal civil marriages every year and there's no sign that the trend will not continue for the foreseeable future.