Mar 20, 2009  |  By: Amy Cavanaugh  | COMMENTS     

Time is running out for Maryland lawmakers to advance two key bills — one barring anti-transgender discrimination and another enacting marriage rights for same-sex couples.

Lawmakers have discussed in committee several bills that would benefit the state’s LGBT residents and workers, but none have made it out of either chamber’s committee for a floor vote. And there are less than two weeks remaining until the so-called crossover day, when House and Senate leaders must send bills they intend to pass this session to the other chamber. The session ends April 13.

One bill stalled in committee is a measure that would add gender identity to state laws prohibiting discrimination in employment, housing, public accommodations and credit. The bill has lingered in the House Health & Government Operations Committee and the Senate Judicial Proceedings Committee since hearings were held in late February and early March.

But efforts to move it forward are underway. Dan Furmansky, Equality Maryland’s former executive director and current political consultant, said he doesn’t think the organization has “ever worked a bill so hard.”

“We’ve been phone banking specific legislators, we’re talking about a prayer vigil, we’re going down into key districts to collect postcards, we’re engaging community leaders such as members of Congress to put pressure on key people, we’re bending over backwards to draft an amendment to legislators that are reasonable but will allay their concern,” he said. “It is a mad fury to put pressure on the Senate, since the Senate is the tipping point for this legislation.”

Sen. Rich Madaleno (D-Mont-gomery County) is sponsoring the trans bias bill in the Senate. He’s also co-sponsoring the same-sex marriage bill, formally known as the Religious Freedom & Civil Marriage Protection Act.

“On the gender identity bill, we are actively negotiating between a number of committee members, trying to … get the six votes it needs to get out of committee,” Madaleno said. “While there hasn’t been any formal action on it, it’s been a very active process.”

Furmansky said that things “look good” in the House, where “we have a supportive chair in the House Health & Government Operations Committee, and I think that he is reasonably interested in seeing what sort of action we can make in the Senate before he moves the bill forward in the House, where it has strong support.”

‘Lack of leadership’

Indeed, there was concern this week that House efforts on the trans bias bill could be for naught.
Speaking on condition of anonymity, an Annapolis insider told the Blade that the measure would get through the House Health & Government Operations Committee and subsequently the House. But the source called the Senate Judicial Proceedings Committee a “roadblock.”

The insider said the committee, chaired by Sen. Brian Frosh (D-Montgomery County), was “suffering from lack of leadership on the issue.”

“What we need to pass statewide [trans bias] protections is strong leadership from Sen. Frosh and the Senate Judicial Proceedings Committee,” said the source. “We have so many issues that go through committee, and we’re running up against a lot of frustration, but I think if Frosh stepped up to the plate and was a strong leader, we would be able to move this issue this year.”

Calls to Frosh’s office were not immediately returned.

The Religious Freedom & Civil Marriage Protection Act, also stuck in committee, is considered less likely to advance. Another measure — which would amend the Maryland Constitution to say that marriages between one man and one woman are the only valid, domestic legal union — also seems to have found little traction.

“At this point there aren’t votes to move either one of those measures — the marriage bill, unfortunately, and the amendment against us, fortunately — so those are just caught up without a working majority in any direction,” Madaleno said. “I just don’t think there’s a desire to deal with that issue, and I don’t think it’s a surprise to anyone.”

But not all LGBT-related bills are foundering. Kate Runyon, Equality Maryland’s executive director, noted that hearings were held this week on an inheritance tax exemption that would add “domestic partners” to the list of family members that can inherit property without paying an inheritance tax.

“The Senate hearing went very well, and we had folks that shared personal stories that were very compelling,” she said. “One woman testified who unfortunately lost her partner within the past year and needed to pay an inheritance tax on the home they’ve lived in together for years and raised children in. The testimonies had the full attention of legislators and we encouraged them to ...