Feb 08, 2008  |  By: JOSHUA LYNSEN  | COMMENTS     

After suffering a demoralizing defeat in the courts, Maryland’s gay rights advocates are preparing to ask lawmakers to pass a bill to accomplish what the state’s judges denied.

Dan Furmansky, executive director of Equality Maryland, said activists and other supporters at next week’s lobby day in Annapolis would ask lawmakers to support a bill granting marriage rights to same-sex couples.

“Now we have tangible legislation in hand to discuss with folks,” Furmansky said. “This is no longer an abstract, but, ‘Here’s the text of the bill. Will you vote for it?’”

Equality Maryland’s lobby day, set for Feb. 11, begins at 5 p.m. with a rally outside the State House. Meetings with lawmakers are scheduled to start at 6 p.m. and go until 8 p.m.

Topping the list of discussion topics is the Religious Freedom & Civil Marriage Protection Act, a measure that would make valid marriages of “two people.”

Sponsored by 49 senators and delegates, the measure also makes clear that individual churches may continue to choose whom to marry.

The proposal comes following a September ruling by the state’s highest court that upheld a law defining marriage as the union of one man and one woman. The ruling ended a lawsuit filed in 2004 by 19 gay Marylanders who claimed they were being denied fundamental rights.

Court of Appeals judges denied that claim, 4-3, ruling the state’s 1973 ban on same-sex marriage does not deny any fundamental rights. But they left open the possibility that legislators could take action on the issue.

The first committee hearing on the Religious Freedom & Civil Marriage Protection Act is set for Feb. 14.

Furmansky said lobby day would give bill supporters an opportunity to demonstrate for lawmakers the breadth of support that exists for marriage equality.

“I think there are a number of folks who will be genuinely surprised to see how much support they have in their legislative district for this,” he said. “And it certainly gives skittish legislators some political cover to know they’re not going out on a limb alone if a core part of their constituency is already standing on that branch.”

Furmansky said the lobbying activities come at a time when many legislators are “in flux” on the bill, with some seemingly backing away from earlier commitments to support it. He declined to name any such lawmakers.

“At this point, I would say there are so many legislators in flux on the issue, if somebody’s legislators weren’t co-sponsors of this bill, then they’re a target for grassroots communications,” he said.

The Religious Freedom & Civil Marriage Protection Act is but one proposal spurring discussions about marriage in Annapolis.

Another bill introduced this week by Sen. Jamie Raskin (D-Montgomery County) would replace the word “marriage” with “valid domestic partnership” in the state’s family law code. The move would make such unions purely secular.

Rick Bowers, chair of the conservative Defend Maryland Marriage, said he opposes Raskin’s proposal and sees it as politically infeasible.

“Personally, I look beyond the personal agenda and perceive it as an all-out attack on the values of our society,” he said. “From a gay or straight position, it seems that marriage should mean something.
If it didn’t mean anything, why would everyone be tying to seek access to it?”

Sen. Janet Greenip (R-Anne Arundel County) meanwhile introduced a “covenant marriage” bill that affirms marriage as the union of opposite-sex couples.

Also, Dels. Luiz Simmons and Kathleen Dumais, Democrats from Montgomery County, offered a proposal to enact civil unions. The measure specifies that state and local laws that apply to spouses apply equally to parties who have entered into a civil union.

But marriage wasn’t the only topic slated for discussion next week in Annapolis. Furmansky said activists and allies would be asked to push a measure that would bar discrimination against transgender people in areas such as housing and employment.

A similar bill offered last session died in committee when Sen. C. Anthony Muse (D-Prince George’s County) abruptly withdrew his support.

Also sought are health, retirement and other benefits to state employees’ domestic partners. Furmansky said a pending bill could enact such benefits, but Gov. Martin O’Malley could enact them through executive order.