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Gov. Robert Ehrlich, who has remained mum about his position on a hate crimes bill for gay Marylanders, was the second co-sponsor of the state’s original hate crimes bill in 1988 that mandated protections based on race, religion and national origin. (AP file photo)




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JOE CREA


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Free State Justice
P.O. Box 13221
Baltimore, MD 21203
410-685-6567

www.freestatejustice.org





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LOCAL

Md. Assembly to consider competing gay marriage bills
Activists vow to fight DOMA push in state

JOE CREA
Friday, January 09, 2004

ANNAPOLIS, Md. — The national dialogue over gay marriage comes to Maryland this month, as the General Assembly prepares to debate one bill that would recognize same-sex unions and another that would ban such recognition.

Conservatives from both sides of the aisle plan to introduce legislation that would prevent Maryland from recognizing gay marriages performed in other states. Gay rights activists said that their top priority is defeating a proposed Defense of Marriage Act that would define marriage in Maryland as the union of one man and one woman.

“Stopping a DOMA bill will be our No. 1 priority,” said Larry Jacobs, board president of Free State Justice, a Maryland gay rights group. “I am hopeful that it will not go anywhere and won’t get out of a committee.”

Del. Emmett C. Burns (D-Baltimore County) said last month that he intends to sponsor a DOMA measure that would define marriage as between a man and woman and reject gay marriages performed in other states. He told the Washington Post that gay marriage would burden businesses, requiring them to provide health and other benefits to gay spouses.

“I don’t want to live next door to people who have a same-sex relationship and have children and have my children playing with them,” Burns said at the time. “Civil unions and all this business is bad policy economically, socially, educationally and politically.”

Burns did not return Blade calls seeking comment.

Meanwhile, Maryland Del. Rich Madaleno Jr. (D-Montgomery County), who is gay, said he is working with a number of legislators to draft a proposal regarding a civil marriage bill, or possibly some other form of recognizing same-sex relationships, such as civil unions.

“Right now I’m talking with my colleagues to figure out what is the best way to proceed,” he said. “Part of it is what do we want out of this year? Do we want it to be a year where we are educating the public or do we try to get a civil unions bill passed?”

Jacobs said that Free State Justice’s other legislative priorities will include the passage of a hate crimes bill, inclusive of gender identity, and “the long process of obtaining some sort of relationship recognition in Maryland” for gay couples.

The Maryland General Assembly reconvenes on Jan. 14.

Jacobs spoke confidently about the prospects for a hate crimes bill.

“I think that it has a pretty good shot,” Jacobs said. “We think that including gender identity is the right thing to do because that segment of our community is more often than not the target of hate crimes.”

But a hate crimes bill, which did not include protection for gender identity, failed last year in a Senate committee after Sen. John A. Giannetti cast the deciding vote killing the bill. At the time, Giannetti told the Blade that Free State Justice failed to discuss the merits of the bill with him.

However, former Free State executive director Jon Kaplan said that Giannetti told him he was supportive of the bill and Kaplan said he decided to invest limited resources in lobbying other senators who did not support the measure.

Maryland Del. Rich Madaleno Jr. (D-Montgomery County), who is gay, said that when the state’s hate crimes law was initially passed in 1988 to include race, religion and national origin, Gov. Robert L. Ehrlich Jr., who was then a delegate from Baltimore County, was the second co-sponsor of the legislation, which passed without opposition.

“To me, there’s no philosophical argument Republicans, who overwhelmingly passed the original hate crimes bill, can make that says hate crimes are bad policy,” Madaleno said. “Whenever the argument becomes about including the GLBT community in hate crimes legislation, opponents always say, ‘Well, I don’t believe in enhanced penalties for crimes.’ Well, they obviously did not have a problem with it when it was race, religion or national origin. It will be very interesting to see how this debate will play out.”

Del. Emmett C. Burns (right) (D-Baltimore County) plans to introduce a DOMA measure in the Maryland House this session that would ban recognition of gay marriages.

Madaleno said that based on that argument, gay men and lesbians have “the upper hand” on the issue but said that the challenge will be “the gender identity piece.”

“For those of us who live in the Washington area, there have been a number of hate motivated crimes against transgender people but for those who are in other areas of Maryland and not regular readers of the Washington Post, this will be something new and we must educate them about these crimes,” Madaleno said.


Md. DOMA?
Madaleno said a constitutional amendment banning gay marriage in Maryland is unlikely since such a measure would have to be passed by a super-majority in the General Assembly and then be placed on a ballot for voters.

“I just don’t see it passing,” Madaleno said. “It passed the state Senate when DOMA legislation was fashionable in the late ‘90s but it died in the House. And now you have a more progressive majority in both chambers.”

In November, Gov. Ehrlich told WBAL Radio in Baltimore that he is opposed to gay marriage and that it “will not be the public policy of Maryland as long as I’m here.” He also called marriage the “bedrock foundation of society” and added he would not “contribute to the denigration of that bedrock.”
Ehrlich did not return Blade calls for this article.



 

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