New same-sex marriage battle ahead

Cause led by deceased lawmaker taken over by Montgomery senators

Missing from the supporters is former senator Gwendolyn T. Britt, who died earlier this month of apparent heart failure. Before her death, Britt, a civil rights advocate, had planned to sponsor the bill.

In an interview with The Gazette late last year, Britt said that opponents of same-sex marriage ought to ‘‘realize that these are not people from Mars. They’re human beings like everyone else. They have loving families and raise children like everyone else does,” she said. Britt’s husband, Travis, who has expressed interest in her seat, has also adopted the cause.

For almost 35 years, Maryland law has banned same-sex marriage. Last year the Maryland Court of Appeals upheld the ban, saying that it does not discriminate against gay couples.

Massachusetts recognizes same-sex marriage. New Jersey, New Hampshire and seven other states approved civil unions. Virginia and 18 other states have passed constitutional amendments banning same-sex marriage. A similar amendment has been proposed in Annapolis.

Could this be the year, possibly spurred by Britt’s death, that the legislation can be passed?

Opponents say, probably not.

Even Madaleno (D-Dist. 18) of Kensington says there will be no emotional votes for the legislation on Britt’s behalf.

Nevertheless, supporters are determined.

‘‘This is the first time in recent history that the legislation has been introduced since the [appeals court] case. Now it’s time for the legislature to take this on. Legislators will have to go on the record with their positions and those opposing will have to say why they want to continue denying these rights,” said Carrie Evans, director of policy and planning for Equality Maryland. ‘‘A month ago we were thinking we would be lucky to have 25 co-sponsors. On Friday we have 49 sponsors so we’ve exceeded expectations there. Do we have the votes on the floor today? No we don’t, but we have a lot of people who support this bill and we will continue throughout the session to send in our people and our families to talk to lawmakers.”

Unlike many contentious political issues that divide lawmakers along party lines, the same-sex marriage debate — and opposition — cuts across party lines, to include religion, race, and perhaps most importantly, age.

‘‘It’s a generational thing,” said Raskin (D-Dist. 20) of Takoma Park. ‘‘If we had all voting members under 50, it would be a no-brainer.”

Like Raskin, Senate President Thomas V. Mike Miller Jr. said the issue is generational.

‘‘I’m 65 years old, have 5 children, 11 grandchildren and I believe in the traditional family. It’s not an issue I lobby,” said Senate Miller (D-Dist. 27) of Chesapeake Beach.

Still, supporters believe that the changes in other states could be successful in securing votes this year.

‘‘At some point in every movement for social change there is a turning point, and we hope this year will be the turning point,” said Raskin.

‘‘Britt’s death does leave us somewhat uncertain as to the momentum we can maintain,” said Elbridge James, director of the Black Family Alliance, a civil rights group supporting same-sex marriage. ‘‘I hope [this is the year that the bill passes]. Marylanders are looking at the discrimination in the [lesbian, gay bisexual and transgender] community and see it’s not right.”

James referenced a Baltimore Sun poll earlier this month that reported 19 percent of those surveyed support gay marriage, 39 percent oppose gay marriage but support civil unions. Another 31 percent oppose both.

‘‘The General Assembly represents the people that we represent: about one-third for [same-sex] marriage, one-third for something and one-third for nothing,” said Madaleno.

Some members of the Legislative Black Caucus have opposed.

Under her term, ‘‘it hasn’t been an issue,” said Sen. Verna L. Jones, caucus chairwoman. ‘‘Some [caucus members] feel it’s a civil rights issue similar to when blacks could not marry, others do not support same-sex marriage, and others support civil unions.”

Gov. Martin O’Malley and House Speaker Michael E. Busch (D-Dist. 30) of Annapolis support civil unions.

Madaleno has previously said that recognizing civil unions could be an acceptable compromise, but he would like to try for full rights under same-sex marriage first.

‘‘We of same-sex relationships are just one accident, one illness, one incident away from having our lives completely thrown apart,” Madaleno said. ‘‘There is a fundamental instability in our relationships because we can’t enjoy the rights and privileges that same-sex couples enjoy.”