From The Washington Blade

Marriage may define '06 governor's race
Two gay rights supporters could face off in Md.

By Joe Crea

August 06, 2004

As political observers look toward the 2006 Maryland gubernatorial race, many anticipate that two progressive, gay-friendly candidates, Baltimore Mayor Martin O'Malley and Montgomery County Executive Douglas Duncan are likely to seek the Democratic nomination.

Both men have been strong supporters of gay rights issues but it remains unclear whether they support marriage equality for same-sex couples.

Duncan did not answer the gay marriage question directly but said he supports the "strategy" that Equality Maryland is taking to ensure marital rights for gay couples.

Part of that strategy is a lawsuit - filed in cooperation with the American Civil Liberties Union - on behalf of nine same-sex couples and a man whose partner recently died - that declares Maryland's ban on gay marriage violates the state's constitution.

"I talked with Equality Maryland and they asked that I support the court case, which I do," Duncan said. "Look, gay marriages have been taking place in Massachusetts, the sky is not falling, there's no doom and gloom."

Dan Furmansky, executive director of Equality Maryland, a statewide gay rights group, recently discussed legal strategies for winning marriage rights for gays with Duncan and said the Montgomery County executive "understands the issues."

"I feel he really understands the issues that face the LGBT community because we are unable to marry," Furmansky said. "He's an intelligent man who has a nuanced understanding of the legal components of this argument."

During his tenure as county executive, Duncan signed into law a measure extending employee benefits to domestic partners working for the county government. In Annapolis, he has testified in support of the Anti-Discrimination Act of 2001, which prohibits discrimination based on sexual orientation in housing, employment and public accommodation.

And during this past legislative cycle, Duncan was a strong proponent of extending Maryland's hate crimes statute to protect individuals based on sexual orientation and he also voiced his support for the Medical Decisions Making Act, legislation that would have provided gay couples with some medical decision making rights. Both measures failed.

O'Malley backs trans rights

Baltimore's gay residents have hailed O'Malley for his support on gay rights issues but, like Duncan, his position on the marriage question remains unclear.

Baltimore gay activist Anthony McCarthy, who chairs O'Malley's gay task force, said O'Malley, "hasn't gone on the record one way or the other," but added that as the marriage lawsuit goes forward in Maryland, he will eventually have to answer the question.

"Our task force plans to have a conversation with him about this," McCarthy said. "But should O'Malley get the nomination for governor, I feel extraordinarily comfortable with him being there. I'm also very comfortable with Duncan, too."

O'Malley did not respond to Blade inquiries.

O'Malley signed into law in December 2002 a transgendered rights bill. The measure prohibits discrimination based on gender identity or expression in employment, housing, credit practices and public accommodations.

In January 2001, O'Malley faced controversy after his housing commissioner, Paul Graziano, made homophobic comments while intoxicated at a Fell's Point bar. O'Malley defended his appointee but condemned the remarks as being "out of character" for the new commissioner.

Despite the anticipation and speculation surrounding the governor's race, some political observers say that O'Malley may not run for governor, opting instead to pursue a seat in the U.S. Senate.

While Sen. Barbara Mikulski (D-Md.) is up for reelection this year and is being challenged by state senator and businessman E.J. Pipkin (R), Sen. Paul S. Sarbanes (D-Md.), who will be 73 in 2006, has not indicated whether or not he will seek a sixth term.

But a city mayor running for the U.S. Senate could prove a tricky jump, says David Lublin, an associate professor of government at American University and a Maryland resident.

"Local to state is not seen as too odd but to move from local to Senate?" Lublin said. "He would have to be very well positioned for that race, and I would imagine there will be a number of congressmen who would seek a Senate seat as well."

But should O'Malley run for governor, Lublin says he has an "advantage" over Duncan in that Baltimore's voters are more unified.

"The D.C. suburbs don't always unify in their voting," Lublin said. "Prince George's and Montgomery Counties are separate with separate identities. However, [former Maryland Governor Parris] Glendening was able to pull off the trick of getting both counties to support him."

Republican incumbent Gov. Robert Ehrlich Jr. has been relatively hostile on gay rights since taking office in 2002.

Ehrlich was quick to denounce the Maryland gay marriage lawsuit, dismissing it as part of the ACLU's "far left agenda," and adding that he would support the General Assembly in clarifying the state's current law prohibiting gay marriage.

"Traditional marriage in my view and the view of most Marylanders and Americans is the cornerstone of our society," Ehrlich said in a statement. "That used to be common sense."

Early this year, he wrote a signed letter to a gay constituent in which he stated his opposition to domestic partnership legislation and adding sexual orientation and gender identity to the state's hate crimes law.