From Baltimore Out Loud

The State of LGBT Civil Rights in Maryland
An interview with Equality Maryland's Dan Furmansky

July 2004

Dan Furmansky assumed the role of Executive Director of Equality Maryland (formerly Free State Justice) last November, and since then the pace has been non-stop for him. Equality Maryland is the state’s largest lgbt civil rights organization, with thousands of members (www.equalitymaryland.org). Led by Furmansky, Equality Maryland distinguished itself with a superb effort during the past legislative session in Annapolis in trying to promote equality and civil rights for the entire lgbt community and to thwart those who insist on turning back the clock. This week OUTloud’s Steve Charing interviewed the charismatic, hard-working director, where he discussed his experience thus far with Equality Maryland, a stunning initiative that was just launched, how you can participate, and a look ahead.

OUTloud: You’ve been in your post as executive director for nine months. How has this experience been different from your previous work at the Human Rights Campaign?

DF: It’s night and day. My workload now is far more intense. I thought I worked a lot at HRC [his former position with the Human Rights Campaign]. Now, I’d give my right arm for JUST a 50-60 hour workweek. Also, when I was with HRC, I worked with activists and advocacy groups in 14 states. Now, I am working in my home state, with almost no coworkers, running all facets of a statewide advocacy organization with two arms--a foundation and a lobby. I am the executive director, the development director, the events manager, legislative director, communications director, and the field director. It’s at least six jobs in one. Thankfully, I have board members and volunteers who go above and beyond the call of duty to help keep things moving.

OUTloud: The Maryland legislative session was recently completed. Because the issue of same-sex marriage had been thrust to the forefront as a result of the court rulings in Massachusetts, the lgbt community (and Equality Maryland) had to play a defensive role to impede potentially non-friendly legislation. Is this a fair assessment?

DF: Yes and no. Our primary goal was (and is) to beat back anti-marriage legislation. After all, we can’t move forward on the issue if negative public policy is layered upon what already exists, which is discriminatory marriage law within Maryland family code. We were very successful in beating back the Defense of Marriage Bill and the proposed amendment to the Maryland Constitution. However, we were also very successful with our proactive bill, the Medical Decision-Making Act. It passed the House of Delegates in its first year of introduction by a vote of 103-30, with 21 Republicans supporting it. Unfortunately, it died by one vote in Senate committee.

OUTloud: What has been your biggest achievement so far since heading Equality Maryland?

DF: Staying sane! (smiles) Beyond that, I would like to think that my biggest achievement thus far has been providing a strong voice and vision for the organization and the community, and building upon the previous successes and relationships established by Free State Justice.

OUTloud: Any disappointments?

DF: I was very disappointed that the Medical Decision-Making Act failed to make it for a vote on the Senate floor. The bill was simple common sense and common decency.

OUTloud: What’s the short-term strategy for Equality Maryland to push for same-sex marriages in Maryland?

DF: The push has begun in the judicial branch of government. On July 7, the ACLU of Maryland filed suit against the State on behalf of nine same-sex couples and one widowed man challenging Maryland’s marriage laws. Equality Maryland worked closely with the ACLU to find the best plaintiffs possible and create an environment conducive to a strong legal challenge. This lawsuit was very carefully considered, and we will now wait for it to work its way through the courts, which could take years. At the same time, we will work to win in the court of public opinion. That means embarking on a massive educational and coalition-building campaign, and using the legislative branch of government to make tangible gains as we await a verdict by the Maryland judiciary.

OUTloud: Why did you file prior to the Senate vote on the federal marriage amendment?

D.F.: Good question. The movement for full equality under the law is happening all across the country. In Maryland, we wanted to make sure our participation in this national movement was carefully considered. The timing is ripe for Marylanders to ask the courts to remedy discrimination that the General Assembly has not. Equality Maryland and the ACLU have heard from so many couples who want to challenge Maryland law on this issue, and we thought it was important to make sure that a legal challenge was well thought out, well argued, and encompassing of a diverse array of couples with compelling stories of harm because they are denied the right to marry in Maryland. The July 7 date was chosen for a variety of reasons. We absolutely took into consideration the timing with regard to the U.S. Senate vote on the Federal Marriage Amendment, but after discussions with the national ACLU and the Human Rights Campaign, who felt the timing was not a problem, our resolve to keep this file date was solidified. The lobbyists at national organizations know from both opponents and supporters that the Federal Marriage Amendment does not have the votes to pass the Senate. No senator’s vote would be changed because of a lawsuit in Maryland when there are already lawsuits underway in many other states.

Having a file date just before the vote on the Federal Marriage Amendment is wonderful timing. The stories that will filter into the media about the couples involved in this litigation are a phenomenal opportunity to underscore the issue at hand--real families with real problems, families that you can’t help but root for. These are the folks that live next door to you, that work with you, that you see at PTA meetings. They represent a broad cross-section of the lgbt community and will perfectly highlight just how discriminatory the federal marriage amendment is.

OUTloud: Wouldn’t it be easier to get civil unions?

D.F. No. Only two state legislatures have passed civil unions to date--Vermont and Massachusetts--and both did so in response to court challenges. Really, the only state that has passed something close to civil unions without judicial prodding is California which, as of January 2005, will grant registered domestic partners in that state all of the rights and protections under state law that married couples receive.

In Maryland, the General Assembly hasn’t yet passed the relatively modest Medical Decision-Making Act, which affords but a few of the most basic protections a marriage license offers to couples. It’s far likelier that we would have civil unions in Maryland because of a ruling by our high court, the Maryland Court of Appeals, rather than any independent action taken on the part of the Maryland General Assembly and Governor Ehrlich. That said, we believe a civil unions ruling would fail to pass constitutional muster. Current marriage laws violate the fundamental right to marry and the fundamental right to enter into an intimate relationship. Denying marriage licenses to same-sex couples is a violation of the equal protection clause of the Maryland constitution, as well as the Equal Rights Amendment of the Constitution, which prohibits gender-based discrimination. Civil unions simply aren’t equal, and there is no rational basis to offer another license to same-sex couples when the state already gives out a license that affords all of the protections and benefits a family needs to care for itself.

OUTloud: Do you fear a backlash as this lawsuit winds through the legal system, and if so, how will you try to combat it?

D.F. Absolutely, we fear a backlash. Maryland is one of the most promising states in the country to bring a proactive lawsuit, but vocal opposition should be anticipated. The opposition has been poorly organized this year, but that could change, and we’re operating under the assumption that it will. The only question is how quickly our opposition will mobilize. Thankfully, a court case of this nature, which mirrors court cases in Massachusetts and New Jersey, allows us time to continue our efforts to build a strong coalition and educate the public about the issues faced by same-sex couples because we cannot marry. We shouldn’t forget that Maryland is among a small group of states with great potential for a positive state-level outcome on this core rights issue, and could likely end up a beacon of hope for lgbt Americans living in states like Utah, Missouri and Georgia.

OUTloud: Why should those in the lgbt community who aren’t interested in marriages support same-sex marriage?

D.F. I always say that I’m not advocating for people to get married; I’m simply advocating for the right of people to get married if they choose to. Some families truly NEED a marriage license. Not having it does serious harm to their family. Everyone should support helping these families. In addition, other couples might simply find that having a marriage license will make their lives easier. Any citizen of this country should have access to the same right, benefits, protections and responsibilities as any other citizen. To deny this to same-sex couples and their children is un-American. Even if one doesn’t want to marry, it’s important to think about what so-called Defense of Marriage laws mean. For years, sodomy laws were used to justify denying custody of children to gay parents. Sodomy laws were used to stigmatize a group of Americans. Sodomy laws were used to deny lgbt Americans jobs and housing. How are DOMA laws and constitutional amendments different from sodomy laws, I ask you? They are an attempt to deny a group of citizens the right to full participation in society, and an attempt to deny a group of citizens access to the judicial branch of government. Everyone should care about being written out of a constitution, whether or not they ever want to get married.

OUTloud: Winning over our heterosexual allies is a key to any hope for advancing lgbt civil rights through legislation. What will this “massive educational and coalition-building campaign” entail? Won’t this require significant resources?

D.F. Litigation is an important tool for obtaining the legal protections that marriage provides. Lawsuits, however, must be part of an overall plan to push society’s thinking forward. Without a shift in public opinion, judicial victories may easily be undone by legislation and ballot referendums. Furthermore, even once we win marriage equality, same-sex couples will never fully be treated equally in day-to-day life unless we can convince society that we are entitled to the same basic rights and respect as other couples. To accomplish this outcome, Equality Maryland is working with the ACLU of Maryland to develop a sophisticated media, public education and outreach campaign to support the forthcoming litigation. On the flip side of the coin, the political side, we will work to build new alliances in the General Assembly and increase our political power in Annapolis through professional lobbying, grassroots lobbying and targeted voter education campaigns. But, above and beyond anything else, the most important thing we can do is increase the number of ordinary citizens who communicate with elected officials, serve as spokespersons on this issue and disseminate to the media the stories of committed couples who have been harmed by the inability to marry.

OUTloud: Is there a realistic chance we can succeed in gaining lgbt civil rights while we have a governor who has does not exactly have a gay-friendly record throughout his career?

D.F. It remains to be seen just how antagonistic Gov. Ehrlich will be regarding our desire for marriage equality. We’ve heard, in small spurts, some insulting and negative rhetoric from his office regarding the Massachusetts ruling, hate crimes legislation, and domestic partner benefits. However, he remained very quiet on the anti-marriage bills that died in the General Assembly this year. He never endorsed them, or expended any political capital asking for their passage, and I’m not convinced he wants to beat the war drums on this issue. The Governor surely works with and knows gay men and lesbians and is likely grappling with this whole concept just as many other Americans are. Let’s hope he takes a cue from Governor Arnold Schwarzeneggar.

OUTloud: Besides same-sex marriage, what are the next initiatives Equality Maryland will try to tackle?

D.F. I think our primary focus has to be educating the public about our families and working towards tangible gains on the state, county and municipal levels. It’s also extremely important that we continue to address the pervasive discrimination and violence that individuals face because of their gender identity or expression. It’s just horrifying to me that Baltimore City is the only jurisdiction in Maryland that expressly prohibits this discrimination, and that the inclusion of “gender identity or expression” is bogging down hate crimes legislation. This is a challenge that the entire lgbt community must come together to meet. We have to stand up for those of us who are most vulnerable to violence and discrimination. At the same time, we must remember that we are a part of a larger community and that some struggles – such as hunger and poverty – are universal, regardless of sexual orientation. We need to find ways to integrate our community into the goals of other movements so that when we need our friends to stand by us, there will indeed be friends to call upon.

OUTloud: Education also applies to the lgbt community--the group Equality Maryland is fighting for. How can you reach out to get more political involvement from our own “base”?

D.F. By convincing them in the pages of Baltimore OUTloud that they should commit to four things over the next year in order to do their part to make a difference: (1) sign up for Equality Maryland email updates at www.EqualityMaryland.org to stay abreast of what is happening and send emails to elected officials when prompted; (2) become a member of the organization--one can also join online; (3) commit to attending Lobby Day in Annapolis in 2005; and (4) talk to friends and family about the issue and why it matters to you.