Legislation

2010 Equality Maryland Legislative Agenda

Legislative Resources

While we are disappointed that our two big bills (marriage equality, HB 808/SB 582 and gender identity anti-discrimination, HB 1022/SB 583) did not move this year, we knew going into the 2010 session that it was a building year. We are very happy that we were successful in halting a large number of bills aimed at rolling back our rights (HB 90, HB 1079, SB 852, SB 1097). We are also thrilled about the opportunities that the recent Attorney General Opinion provides. We are also very happy that we were successful in halting a large number of bills aimed at rolling back our rights.

Equality Maryland Supports:

Religious Freedom and Civil Marriage Protection Act (House Bill 808, Senate Bill 582)

Lead Sponsors: Del. Ben Barnes, Sen. Rich Madaleno

Bill Summary: This bill would allow two people, regardless of their gender, to marry, so long as they were otherwise eligible to be married under Maryland law. It would also guarantee the freedom of religions and religious leaders to perform and honor only those marriages that are consistent with their religious tenets.

Status: The Senate bill was heard in the Senate Judicial Proceedings Committee on March 3rd. The House bill was heard in the Judiciary Committee on March 4th. No action has been taken.

Senate Sponsors: Senators Madaleno (lead sponsor), Raskin, Forehand, Frosh, Gladden, Kramer, Lenett, McFadden, Pinsky, Pugh, and Zirkin

House Sponsors: Delegates Barnes (lead sponsor), McIntosh, Kaiser, Mizeur, Ali, Anderson, Barkley, Barve, Bobo, Bronrott, Carr, Carter, Dumais, Feldman, Frick, Frush, Gaines, Gilchrist, Gutierrez, Guzzone, Harrison, Heller, Hixson, Hubbard, Hucker, Ivey, Kirk, Kramer, Krysiak, Lee, Manno, Montgomery, Niemann, Pena-Melnyk, Pendergrass, Ramirez, Reznik, Rice, Rosenberg, Ross, Schuler, Simmons, Stukes, F. Turner, Valderrama, and Waldstreicher

Gender Identity Anti-Discrimination Act (House Bill 1022, Senate Bill 583)

Lead Sponsors: Del. Al Carr, Del. Jeff Waldstreichter, Sen. Rich Madaleno

Bill Summary: This legislation would prohibit discrimination in the areas of employment, housing, credit and public accommodations including places like restaurants or department stores. Anti-discrimination protections would exist only as defined in the current law.

Status: The Senate bill was heard in the Judicial Proceedings Committee on March 3rd. The House bill was heard in the Health and Government Operations Committee on March 8th. No action has been taken.

House Sponsors: Delegates Carr (lead sponsor), Waldstreicher (lead sponsor), Gutierrez, Ali, Anderson, Barkley, Barnes, Barve, Beidle, Bobo, Branch, Bronrott, Cardin, Carter, Conaway, Doory, Dumais, Feldman, Frush, Gaines, Gilchrist, Guzzone, Hammen, Harrison, Haynes, Healey, Hecht, Hixson, Holmes, Hubbard, Hucker, Ivey, Jones, Kaiser, Kirk, Kramer, Krysiak, Lafferty, Lee, Love, Manno, McHale, McIntosh, Mizeur, Montgomery, Nathan-Pulliam, Niemann, Oaks, Pena-Melnyk, Ramirez, Reznik, Rice, Robinson, Rosenberg, Ross, Schuler, Simmons, Stukes, Tarrant, F. Turner, Valderrama, and Vallario

Senate Sponsors: Senators Madaleno (lead sponsor), Conway, Forehand, Garagiola, Gladden, Harrington, Jones, King, Lenett, McFadden, Pinsky, Pugh, Raskin, and Rosapepe

Family Medical Leave Act (House Bill 1272)

Lead Sponsor: Delegate Heather Mizeur

Bill Summary: Requiring employers in the State that are subject to the federal Family and Medical Leave Act of 1993 to provide specified leave to an eligible employee with respect to the eligible employee's brother, sister, grandparent, grandchild, or domestic partner and the son or daughter of the eligible employee's domestic partner; providing that an eligible employee who takes leave provided under the Act is entitled to specified protections and rights; etc.

Status: HB 1272 was heard in the House Economic Matters Committee on March 18th. The bill was unfavorably reported by a vote of 14-8.

Delegates Rudolph, Braveboy, Mathias, Haddaway, Walkup, Kirk, Kryisak, Minnick, Burns, Jameson, King, Miller, Vaughn and Stifler voted against the Maryland Family Medical Leave Act. Thank you to Delegates Harrison, Hecht, Manno, McHale, Feldman, Love, Taylor and Barkley for voting in support of expanding unpaid family leave to include a wider definition of family.

Sponsors: Delegates Mizeur, Barkley, Barnes, Bronrott, Carr, Feldman, Frick, Gilchrist, Glenn, Gutierrez, Hammen, Hecht, Hixson, Hucker, Ivey, Kaiser, Krysiak, Lafferty, Lee, Love, Manno, McHale, McIntosh, Montgomery, Murphy, Niemann, Pena-Melnyk, Pendergrass, Reznik, Riley, Rosenberg, Ross, Taylor, F. Turner, and Waldstreicher

De Facto Parent (SB 600 and HB 1241)

Lead Sponsors: Delegate Kathleen Dumais and Senator Jamie Raskin

Bill Summary: This bill provides an individual who has served in a parental role with a minor child with the duties and obligations, as well as the protections of being viewed as a de facto parent by judicial determination.

Status: The Senate bill was heard in the Judicial Proceedings Committee on February 24th. The House bill was heard in the Judiciary Committee on March 18th.

Several anti-equality lawmakers threatened to add an amendment to the bill that would have stripped away protections for same sex couples. There was also discussion of adding an amendment to prevent recognition of out of state licenses. Due to these efforts, the bill was pulled. No further action will be taken.

Senate Sponsors: Senators Raskin (lead sponsor), Forehand, Madaleno, Pinsky, and Pugh

House Sponsors: Delegates Dumais, Bronrott, Carr, Feldman, Frick, Hixson, Hucker, Kaiser, Lee, Manno, McIntosh, Mizeur, Montgomery, Rice, and Rosenberg

Education - Discrimination Prohibited - Protected Classes (House Bill 462)

Lead Sponsors: Delegates Kaiser, McIntosh, Mizeur, Pendergrass, Benson, Costa, Kullen, Montgomery, Nathan-Pulliam, Pena-Melnyk, Tarrant, and V. Turner

Bill Summary: Altering a provision of law relating to discrimination in the employment of teachers in the public schools in the State to conform to other provisions of State law governing discrimination in employment.

Status: The bill was heard in the House Government Operations Committee on March 3rd. The bill was favorably reported by the committee and passed out of the House by 131-3. The three Delegates that voted against this common sense bill are Dwyer, George and Sophocleus. The bill has been referred to the Senate Education, Health and Environmental Affairs Committee. A hearing has not yet been scheduled. Click here to contact your senator and ask that they support this important legislation.

Credit Reports and Credit Histories of Applicants and Employees - Limitations on Use by Employers (House Bill 175 and Senate Bill 312)

Lead Sponsor: Delegate Kirill Reznik and Senator Mike Lenett

Bill Summary: Prohibiting an employer from using an applicant's or employee's credit report or credit history in determining whether to deny employment to the applicant, discharge the employee, or determine compensation or the terms, conditions, or privileges of employment; authorizing an employer to request or consider an applicant's credit report or credit history under specified circumstances; authorizing an applicant or employee to bring an action for injunctive relief, damages, or other relief for a violation of a specified provision of law.

Status: The House bill was heard in the Economic Matters Committee on February 18th. The Senate bill was heard in the Finance Committee on February 25th. The bill was unfavorably reported in committee.

House Sponsors: Delegates Reznik, Ali, Barkley, Gutierrez, Hucker, Kaiser, Kullen, Manno, Rice, Robinson, Shewell, Taylor, Valderrama, and Weir

Senate Sponsors: Senators Lenett, Pugh, Conway, Currie, Exum, Harrington, Jones, Kelley, King, Klausmeier, Madaleno, McFadden, Miller, Muse, Peters, Pinsky, Raskin, and Stone

Maryland Open Government Act (House Bill 344 and Senate Bill 407)

Lead Sponsors: Delegate Heather Mizeur and Senator Nancy King

Bill Summary: Requiring that individuals be allowed to sign up on the General Assembly website during a specified time period to present testimony on a bill; requiring specified information about bills to be posted on the General Assembly website; requiring bill hearings to be broadcast on the General Assembly website under specified circumstances; requiring a meeting of the Board of Public Works to be broadcast on the Board's website under specified circumstances; and requiring specified broadcasts of Board meetings to be archived.

Status: The House bill was heard in the Rules and Executive Nominations Committee on March 1st. The Senate version was heard by the Rules Committee on March 9th. No action has been taken.

House Sponsors: Delegates Mizeur, Lafferty, Anderson, Aumann, Barkley, Barnes, Barve, Benson, Bobo, Bohanan, Bromwell, Bronrott, Carr, G. Clagett, Costa, DeBoy, Donoghue, Doory, Dumais, Feldman, Frick, Frush, Gaines, Glenn, Griffith, Gutierrez, Guzzone, Hammen, Haynes, Healey, Hecht, Heller, Hixson, Howard, Hubbard, Hucker, Impallaria, Ivey, Kach, Kaiser, Kipke, Krebs, Kullen, Lee, Levi, Love, Manno, Mathias, McDonough, McHale, Minnick, Montgomery, Morhaim, Murphy, Nathan-Pulliam, Oaks, Olszewski, Pena-Melnyk, Pendergrass, Ramirez, Reznik, Rice, Riley, Robinson, Rosenberg, Ross, Schuler, Smigiel, Stein, Stukes, Tarrant, Taylor, F. Turner, V. Turner, Valderrama, and Waldstreicher

Senate Sponsors: Senators King, Harrington, Lenett, Brochin, Conway, Currie, DeGrange, Della, Exum, Forehand, Garagiola, Gladden, Glassman, Jones, Kasemeyer, Kittleman, Klausmeier, Kramer, Madaleno, McFadden, Middleton, Munson, Muse, Peters, Pinsky, Pugh, Raskin, Robey, Rosapepe, Stone, and Zirkin

Defending Equal Rights and Protections

Same Sex Marriages - Foreign Jurisdictions – Invalidity (HB 90)

Lead Sponsor: Delegate Emmett Burns

Bill Summary: Providing that a marriage between two individuals of the same sex that is validly entered into in another state or in a foreign country is not valid in the State of Maryland; altering the definition of a "foreign marriage"; and declaring that marriages between individuals of the same sex are against the public policy of the State.

Status: Unfavorable report from the House Judiciary Committee. Delegates voting to defeat House Bill 90 in the Judiciary Committee included Delegates Rosenberg, Anderson, Carter, Conaway, Dumais, Kramer, Lee, Ramirez, Schuler, Simmons, Valderrama and Waldstreicher. Votes in favor of House Bill 90 included Delegates Dwyer, Frank, Jennings, Kelly, Levi, McComas, McConkey, Smigel. Chairman Vallario abstained. Delegate Barnes had a scheduling conflict.

Same Sex Marriages - Foreign Jurisdictions – Invalidity (SB 852)

Sponsored by: Senators Stone, Colburn, DeGrange, Dyson, Haines, Jacobs, Mooney, Muse, Peters, and Simonaire

Bill Summary: Providing that a marriage between two individuals of the same sex that is validly entered into in another state or in a foreign country is not valid in the State of Maryland; and altering the definition of a "foreign marriage."

Status: The bill was heard in the Senate Judicial Proceedings Committee on March 3rd. No action has been taken.

Maryland Marriage Protection Act (HB 1079 and SB 1097)

Lead Sponsor: Delegate Don Dwyer and Senator Nancy Jacobs

Bill Summary: Adding a new section to the Maryland Constitution to establish that a marriage between one man and one woman shall be the only domestic legal union valid or recognized in the State; and submitting the amendment to the qualified voters of the State of Maryland for their adoption or rejection.

Status: The House bill was heard in the Judiciary Committee on March 4th. No action has been taken. The Senate bill was referred to the Rules Committee and then re-referred to the Judicial Proceedings Committee. No hearing has been scheduled.

House Sponsors: Delegates Dwyer, Aumann, Bates, Beitzel, Boteler, Burns, Costa, Eckardt, Elliott, Elmore, Frank, George, Haddaway, Jenkins, Jennings, King, Kipke, Krebs, McComas, Myers, Norman, O'Donnell, Schuh, Serafini, Shank, Shewell, Sossi, Stocksdale, and Stull.

Senate Sponsors: Delegates Muse, Peters, DeGrange, Dyson, Haines, Jacobs, Mooney, and Stone.

Recognition of Out-of-State Same-Sex Marriages - Changes in Governmental Policies – Moratorium (HB 1532, SB 1120)

Lead Sponsors: Delegate Anthony O’Donnell and Senators Jacobs and Stone

Bill Summary: Prohibiting, until the issue of the recognition by this State of same-sex marriages legally performed in other jurisdictions is decided by the Court of Appeals or addressed by the General Assembly of Maryland through the enactment of a law, a unit of State or local government from altering a specified policy, procedure, rule, or regulation on the basis of specified legal advice of the Attorney General; providing for the retroactive application of the Act; making the Act an emergency measure; etc.

Status: The House bill will be heard in the Judiciary Committee on March 25th. The Senate bill was referred to the Rules Committee and then re-referred to the Judicial Proceedings Committee. No hearing has been scheduled.

Marriage at the Ballot Box

Marriage - Valid Between Consenting Adults (House Bill 1279)

Lead Sponsor: Delegate Frank Conaway

Bill Summary: Providing that a marriage between consenting adults is valid in the State; and making the Act contingent on the passage and ratification of a specified constitutional amendment.

Status: The bill was heard in the House Judiciary Committee on March 4th. No action was taken.

Marriage - Valid Between Consenting Adults (House Bill 1176)