Sep 12, 2008  |  By: AMY CAVANAUGH  | COMMENTS     

The Maryland Court of Appeals ruled this week that Montgomery County’s transgender anti-discrimination measure need not face public referendum and must go into effect.

The court on Tuesday reversed a decision by Circuit Court Judge Robert Greenberg, who had said that Equality Maryland missed the deadline to challenge petition signatures obtained by the conservative Maryland Citizens for a Responsible Government.

That group petitioned to have the anti-discrimination measure put to voters on the Nov. 4 ballot, but Equality Maryland countered in court that some of the petition signatures were improperly obtained.
Jonathan Shurberg, the lead attorney for Equality Maryland, argued the case alongside Natalie Chin, a Lambda Legal staff attorney.

“The bottom line is that the court said a petition sponsor shouldn’t be allowed to cut corners and circumvent legal requirements to get a referendum attacking minority protections on the ballot,” said Chin. “We are very happy that this duly enacted law can take effect and protect a vulnerable group of Montgomery County residents.”

The measure that Montgomery County officials passed last year prohibits “discrimination in housing, employment, public accommodations, cable television service and taxicab service on the basis of gender identity.”

Chin noted Tuesday that the court’s full written opinion had not yet been released.

“We have no details of the decision yet, but everything has been fast tracked and it should come out shortly,” she said. “We feel confident that we stopped the referendum from going forward, but we’ll have to wait to understand the practical effects of the decision when it comes out.”

Local groups celebrated the ruling, which marked the apparent end of a months-long fight to keep the referendum off the ballot.

“We’re thrilled that the rhetoric perpetuated by the Citizens for a Responsible Government has come to an end and the law can go into effect,” said Dan Furmansky, Equality Maryland’s executive director.

Furmansky said Equality Mary-land was ready to explain to voters why the anti-discrimination measure was needed, “but it’s better that our transgender brothers and sisters have these long overdue and vital protections immediately.”

Jody Huckaby, executive director of PFLAG, said that the ruling sent the message that “opponents of equality are not above the law, and our transgender loved ones are not below it.”

“The anti-transgender campaign in Montgomery County was based on bigotry and fueled by misinformation,” she said in a statement.  “It was being forced onto the ballot with no regard for state law or the fundamental rights of our transgender neighbors and allies.”

Chin, who called the ruling a “really important decision,” said the case could set a precedent for the state and country in terms of achieving transgender anti-discrimination rights.

“Montgomery County was the first county to try to take rights away from transgender people, and these kinds of referendums are popping up around the country,” she said. “We hope it will set a precedent to fight these referendum efforts in the future.”

Montgomery County Council-member Duchy Trachtenberg (D-At-Large), a sponsor of the transgender anti-discrimination bill, issued a statement Tuesday calling the court ruling a “victory for justice and equality under the law.”

She also chided the campaign waged by the Citizens for a Responsible Government against the anti-discrimination law.

“We said that this fear-mongering tactic never belonged on the ballot, and … the court agreed,” Trachtenberg said. “The voters are spared an expensive, wrenching process that would have given further amplification to the worst politics of hate and personal attack.”

Dana Beyer, an Equality Maryland board member and Trachtenberg’s legislative aide, said Tuesday
she was “both thrilled and relieved.”

“It was an important victory,” said Beyer, who is transgender.

“Not just for the residents of Montgomery County, but to send a message to the American people that we’re serious about providing equality for all, and that we’re willing as a community to stand up and fight any attempts to discriminate against any segment of our community. I’m looking forward to building on this victory and expanding protections on a statewide basis.”

State Del. Heather Mizeur (D-Montgomery County) also welcomed the court’s decision.

“Today’s ruling throws the question off the ballot and throws discrimination out of the county, blocking this mean-spirited end run around the democratic process,” she said in a statement. “This is not just a victory for our GLBT community, but for fairness, justice and equality for all in Montgomery County.”

But not everyone celebrated the ruling. Maryland Citizens for a Responsible Government called the decision “a loss for democracy, a loss for Montgomery County, and a loss for common sense” in a statement.

Ruth Jacobs, the organization’s president, noted that opponents of the anti-discrimination measure were ...