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Sen. Joan Carter Conway sponsored a bill that would create a registry of gay couples living in Maryland and allow them to make medical decisions for each other. (Photo by Rudy K. Lawidjaja)




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LOCAL

Md. Assembly advances 3 pro-gay bills
Medical bill would create state’s first registry for same-sex couples

EARTHA MELZE
Friday, April 01, 2005

Maryland gay rights advocates were buoyed this week by a series of legislative victories that saw a medical decision making rights bill, a hate crimes measure and a bill to end title transfer fees for gay couples all advance in the General Assembly.

With a vote of 31-16, the Maryland Senate passed a bill that would allow unmarried couples to be treated as immediate family during hospital visitation and to make medical decisions for each other. The bill now goes to the House of Delegates, which easily passed a similar bill in 2004.

Sponsored by Sen. Joan Carter Conway (D-Baltimore), the Medical Decision Making Act of 2005 (SB 796) would create Maryland’s first statewide registry of life partners.

Republican Gov. Robert L. Ehrlich Jr. has not taken a position on the measure.

“Generally speaking the governor likes to keep an open mind on these types of things and to consider what is best for the patients,” Paul Schurick, a spokesperson for the governor, told the Blade this week. But, the official added, because the language in the bill could change before it reaches the governor’s desk, Ehrlich prefers not to comment on the bill in any greater detail.

If the measure passes, gay or heterosexual couples who live together, are 18 or older and are mutually interdependent could choose to register their relationship with the Secretary of Health & Mental Hygiene.

According to Equality Maryland, a statewide gay rights group that lobbied for the legislation, registered couples would be entitled to 11 rights, including at least seven that cannot be achieved through power of attorney, advance directive or will.

These rights include the right to visit a partner in a hospital or nursing home, the right to share a room with a partner in a nursing home and to be present when a partner is transferred from one health care facility to another and the right to receive and dispose of a partner’s remains.

The bill also gives a partner the right to go to court and seek a remedy when there is a conflict over the medical treatment of an incapacitated partner.

In the absence of written instructions, a life partner will have the right to make health care decisions for an incapacitated domestic partner and the right to make organ and tissue donations of a diseased partner.

The Medical Decision Making act is modeled on programs in place in California, New Jersey, Maine and Hawaii.


Registry ‘not marriage’

Although the bill creating a life partner registry would provide rights traditionally associated with marriage, the measure specifically states that the establishment of a life partnership registry “may not be construed to recognize, condone, or prohibit domestic partnership, civil union or marriage between two individuals of the same sex entered into in another state or jurisdiction.”

The Maryland Catholic Conference has actively opposed the creation of a life partner registry. The Web site for the Catholic Conference features an action alert form and encourages visitors to protest the plan to give rights to unmarried couples.

The conference argues that young adults who don’t know each other well could become life partners and then be responsible for life and death decisions for which they are not prepared.

According to Equality Maryland, the criteria to become life partners are stricter than those required for a marriage license in Maryland.

Dan Furmansky, executive director of Equality Maryland, said that he expects the Medical Decision Making Act to pass into law and that he believes a life partner registry could be functioning by October of this year.


House approves hate crimes bill

The Hate Crimes Penalty Act, HB 692, which includes gender identity and sexual orientation as protected categories, was introduced by Delegate Adrienne Jones (D-Baltimore County) and passed the House of Delegates by a vote of 93-42.

“Enacting the Hate Crimes Penalties Act into law is a very important step in improving the daily lives of those who are at risk for hate violence,” Equality Maryland board member Dr. Dana Beyer said in a written statement. “This will have a profound ripple effect, educating Maryland’s population about who we are, and specifically helping to make the legal and law enforcement communities cognizant of the special risks we face every day.”

If the Senate passes the legislation and the Hate Crimes Penalty Act becomes law, Maryland will join 29 other states that have added sexual orientation to their hate crimes laws and eight other states and the District of Columbia, which also include trans people in their hate crimes laws.

“We have been working on the hate crimes bill for years now,” Furmansky said. He credited the compelling personal testimony by victims of hate violence with convincing delegates to move the legislation forward.


House approves tax exemption

In a related move, the Maryland House of Delegates approved a bill that would eliminate the transfer and recordation fee when a domestic partner is added to the deed of a home owned by a partner.

Married couples are already exempt from this transfer tax.

The bill was sponsored by Delegate Anne R. Kaiser (D-Montgomery County) and is modeled on a law that has been in place in Montgomery County since 2002.

The legislation passed the House 99-33. It now moves to the Senate for consideration.



 

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