Gay marriage advocates back to change a few hearts and minds'
ANNAPOLIS — Fred Mason III and Phillip Lovett were married in 2006 in a ceremony in Toronto, a union recognized by St. James' Episcopal Church in Baltimore but not accepted by the state of Maryland.
Advocates will make an attempt during this legislative session at legalizing same-sex marriages in Maryland, after failing to get the proposal past a Senate committee in 2008.
"I think we keep pushing, keep fighting, keep working until we get it," Mason said. "If it's not this year, some other year. So we have to keep up hope, tempered with the knowledge that it could be a long struggle."
Sen. Richard S. Madaleno Jr., who will introduce the Senate version soon, agrees.
"I think you have to keep asking," said Madaleno (D-Dist. 18) of Kensington. "We have to keep making the case, explaining to people why marriage equality for our families is important, and hope for the day when we might change a few hearts and minds."
As in 2008, the measure likely will be assigned to the Senate Judicial Proceedings Committee, which narrowly defeated the same bill last year. The panel's membership hasn't changed over the year.
Senate Minority Whip Nancy Jacobs, a member of the committee, said her opposition is partly based on faith and partly on finances. Civil marriage among gays, she said, could lead to greater health care costs with more insurance coverage.
"I believe marriage is between one man and one woman, and that's as God intended," said Jacobs (R-Dist 34) of Abingdon. "It's worked for so long, and I see no reason to deviate from it."
Part of the strategy for this year's effort to get the bill passed centers on religious objections.
At a Feb. 2 rally on Lawyers Mall, about 250 supporters heard a speech from the Right Rev. V. Gene Robinson, the bishop of the Episcopal Diocese of New Hampshire. Robinson, elected in 2003, is openly gay.
He related the story of the 40-year journey of the Jews through the desert to the Promised Land, comparing it to the struggles of homosexuals. He told the crowd that their effort must educate people on the difference between marriage rites and civil rights.
Equality Maryland — a rights organization for gays, lesbians, bisexuals and the transgendered — is trying to reach lawmakers with discussions of their faith, said Kate Runyon, the organization's executive director.
"There are a couple of legislators that have some questions about how their personal faith and belief systems are either congruent or not congruent with supporting civil marriage for LGBT people," Runyon said. "So we're continuing to work with those folks, and we're continuing to support their learning process to better understand the importance and value of equality for LGBT people."
Del. Emmett C. Burns Jr., a Baptist minister and opponent to same-sex marriage, said he had not been approached. "I guess they know better," he said.
"Same-sex marriage smacks of biblical injunction," said Burns (D-Dist. 10) of Woodlawn. "But I don't base my opposition on biblical injunction alone. It's bad social policy, bad political policy, bad economic policy and bad educational policy."
Said another opponent, Del. Donald H. Dwyer Jr., "We're not going to give that up without a real serious fight, and I'm well rested and ready to go again."
In competition with the civil marriage legislation, Dwyer Jr. (R-Dist. 31) of Glen Burnie plans to introduce "Maryland's Marriage Protection Act," a bill that would ask voters to put the one-man, one-woman law into the state's constitution.
Dwyer said he had heard that legislative leaders have no stomach for constitutional amendments this year, but he's pressing ahead.
"I'm going to do my part, and I'm going to have a hearing," he said.
Burns plans to introduce a measure that would prohibit the state from recognizing a same-sex marriage that is conducted elsewhere.
"The back door has always been open, and it's never been closed. This closes the back door," he said.
According to the National Conference of State Legislatures, two states now offer same-sex marriage — Massachusetts and Connecticut. Connecticut and three other states — Vermont, New Jersey and New Hampshire — offer civil unions. Hawaii, the District of Columbia, Oregon, Washington state and Maine have domestic partnership laws on the books that bestow at least some marriage rights to same-sex couples.
Despite the passage of Proposition 8 — a California ballot initiative that invalidated same-sex marriage — the Golden State offers comprehensive rights to domestic partnerships.
The Maryland bill would alter a law saying marriage is only between a man and a woman to say it is between two individuals who otherwise are not prohibited from marrying. Other Maryland laws limit marriage based on age or the relationship of the parties.
Madaleno expects to have as many as eight co-sponsors in the Senate. The House version, to be introduced this week, could have as many as 44, said Del. Benjamin S. Barnes (D-Dist. 21) of College Park, the measure's lead sponsor.
The legislative analysis of last year's measure estimated the cost of the bill to be about $3.1 million a year. Most of that comes from more households qualifying for health and retirement benefits.
Although the bill does not include the phrase, supporters are calling the bill a "civil marriage" measure, putting the focus not on the religious ceremony but the state's sanction of a union.
"What we'd like to do is disconnect civil marriage from marriage as a whole entity, because so many people view marriage, even though it is a civil act, as something that is so closely tied to the church," Runyon said.
What the advocates do not want is a civil union, because individuals in civil unions do not have the same rights as two people in marriage, she said.
In an interview, Robinson agreed.
"If it's not marriage, they don't get it. It doesn't matter what the law says, there are still people being thrown out of emergency rooms and who can't be with their partners because whoever's on duty that night hasn't read the civil unions law," he said. "But everybody understands marriage. If I'm able to say I'm married to this person, then all that stuff is very, very clear."