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"We Are Moving Full Steam Ahead"


An Interview with Dan Furmansky


by Steve Charing
Friday, October 12, 2007

In the wake of the Maryland Court of Appeals ruling that upheld the state's law defining marriage as only between a man and a woman, the best hope for the lgbt community to gain legal recognition for same-sex couples lies in the legislature. Equality Maryland, the state's principal lgbt civil rights organization, has assumed the leadership in trying to push through a marriage equality bill in the upcoming General Assembly.

Equality Maryland's executive director Dan Furmansky, in an exclusive interview with Baltimore OUTloud's Senior Political Analyst Steve Charing, explains the strategy that needs to be employed to achieve marriage equality, the political challenges that await, and what the lgbt community can do to help.

SC: Your organization did a great job in helping to bring marriage equality to the forefront. I know there was a good deal of hurt among the 19 courageous plaintiffs, Equality Maryland and the lgbt community at large as a result of the ruling. How are you able to regain your morale as well as that of your staff?

DF: We have all had a difficult time dealing with the degrading ruling by a majority of judges on the Court of Appeals. The disappointment has stung in a very profound way. Personally, I've taken the time to decompress from work when possible, be with friends, and get outside and enjoy the beautiful fall weather. Hitting large blocks of firewood with a hammer has helped too. I, our staff and boards know that social change doesn't happen overnight, and it doesn't happen on its own; it has to be ignited and flamed. We've taken the time to mourn the failure of the court to end this discrimination, but we have also dusted ourselves off and are moving full steam ahead. We're committed to ending this discrimination once and for all.

SC: In an interview with the Washington Blade, Governor O'Malley appears open to signing a marriage bill as long as religious institutions are protected. Would you seek to get the Governor to be more proactive, that is, leading the way towards passage?

DF: Absolutely! I think we should be heartened at how open our Governor is now willing to be on this issue since he has heard from so many in the community following his post-ruling statements. Equality Maryland hopes to move the Governor down a path towards enthusiastic support and advocacy of equal marriage rights, but we understand that this will likely be a process, and not an event. With the continued vocal presence of our community and allies, we can embolden him to be a leader on this issue.

SC: Equality Maryland will strive to push the Religious Freedom and Civil Marriage Protection Act during the next General Assembly. This appears to be a major challenge. How will you try to get Senate President Mike Miller on board?

DF: I think the question is how will we as a community try to get Senate President Miller on board. If we are going to end marriage discrimination the whole community has to stay committed to making it happen. We hope the negative court ruling was a wake up call for all of us, straight and gay, to stand up for fairness. EQMD's first order of business is to encourage our members to get their state legislators to cosponsor this measure. EQMD urges all of your readers to schedule meetings with their state legislators. Please contact our office at 301 587-7500, ask for Julie or Mary, and we'll have someone walk you through the entire process.

Secondly, EQMD is working to broaden our base of support. Equality Maryland has begun a canvassing campaign -- door to door -- in key areas of the state to talk to voters about the freedom to marry for same-sex couples. Right now, our canvassers are going door to door in Calvert County, home of the Senate President. We're heartened by the number of people willing to communicate with Sen. President Miller in favor of equal marriage rights. We now have the chance to strengthen our coalition around a proactive bill, and that will be key.

SC: But Sen. Miller has publicly stated his opposition to marriage equality as well as civil unions. Is there anything that can change his mind?

DF: Interestingly, in a quote just a few days after that one, but in a less widely read publication, Sen. Miller's rhetoric was must softer on this issue. -- "the bill will have an uphill climb." For now, the onus is on us to secure the necessary votes -- this is what moves leadership. We have great advocates in the Senate -- openly gay Rich Madaleno; the bill sponsor, Gwendolyn Britt, an amazing powerhouse for civil rights; and constitutional law professor Jamie Raskin, to name a few.

SC: Many in the lgbt community would prefer that Equality Maryland adopt the strategy to seek civil unions since there appears to be more political will to accomplish that. What is your response?

DF: We can't say where the "political will" is right now. This will be the first introduction of a civil marriage bill -- we have never played offensive with this legislation. We know there are three straight legislators, Sen. Britt and Dels. Barnes and Ramirez, who believe that ending discrimination in marriage is possible, and they are willing to take the political risks of sponsoring this bill. I would ask people to understand that "political will" is fluid. Was there political will to pass a transgender-inclusive hate crimes bill in Maryland? Was there political will to pass our Anti-Discrimination Law in 2001? The very people reading this newspaper create political will. We believe it's necessary for the people of Maryland and our legislature to have a long overdue dialogue about the freedom to marry for same-sex couples.

What happens if we find out passing a marriage bill is within reach and we haven't even engaged in the lobbying and grassroots work for this and instead pursued an alternative legal mechanism? In seven days Sen. President Miller went from declaring marriage DOA in the legislature to casting it as an "uphill climb." Nine days after some offensive comments following the Court of Appeals' decision, Governor O'Malley acknowledged in the Post and in the Blade the language of the Religious Freedom and Civil Marriage Protection Act ensuring religious freedom "probably" does take care of his religious objections to expanding marriage for same-sex couples. We have seen the political will change, relatively rapidly, in the New York Assembly and Massachusetts legislature. We have seen people like San Diego Mayor Jerry Sanders have profound changes of heart on this issue. If we start out with an alternative legal mechanism, we don't allow for anyone in our General Assembly, or for that matter, in the electorate, to have a "Mayor Sanders' moment."

SC: If we are forced to push for civil unions instead of same-sex marriage, even though civil unions don't bring the full equality we seek, isn't that preferable to nothing at all?

DF: We must remember that these alternative legal mechanisms (civil unions, domestic partnerships for same-sex couples) have deliberately been created both to approximate and withhold marriage itself. Real-life application of these mechanisms has shown that such separate alternatives do not provide equal access to the tangible and intangible protections, security, clarity, and respect that only comes with marriage. Starting out the legislative process to win marriage by asking for an alternative legal mechanism that is intended to deliberately withhold marriage from same-sex couples does not make sense, either politically or philosophically.

SC: If civil unions are eventually attained, do you think that it would form a strong foundation to proceed for marriage equality legislation in the future citing that Maryland did not fall off the earth following same-sex partnership recognition?

DF: We have seen no state move from an alterative legal mechanism for same-sex couples to marriage. Although people seem to think it is a building block, it is very telling that in reality, for the seven states that have gone down the non-marriage path, they haven't quite found their way back to the marriage path.

The future is now. There are those in power who aren't willing -- yet -- to be on the right side of history in this compelling civil rights struggle. But that doesn't mean our movement must become so disheartened that we adhere to someone else's timeline for when we can ask be treated equally under the law and have the very basic freedom to marry so many take for granted.

SC: Equality Maryland has been aggressively stepping up its fundraising initiatives this year, and following the ruling, you had referred to the latest fundraising drive as an "emergency." Can you tell me how the extra resources will be applied towards achieving your legislative goals?

DF: Igniting and fostering the "political will" we discussed earlier takes a serious organizational infrastructure. As I mentioned, we are currently doing an aggressive, door-to-door campaign to identify supporters in key legislative districts, we have expanded our political/field staff in 2007, we have produced and distributed thousands of Civil Marriage is a Civil Right yard signs and bumper stickers to raise public awareness, and we have several lobbyists who we contract with to help EQMD staff change the hearts and minds of legislators. And there are so many vital things we COULD be doing with additional resources -- polling, field organizers in different parts of the state, a dedicated clergy organizer, and staff to help create more movement on the local level. I could go on and on! The bottom line is this -- the extent to which we can continue to change the hearts and minds of Marylanders and legislators, not just on marriage, but on transgender issues, safe school issues, HIV/AIDS issues, depends on Equality Maryland's raising money to keep doing its work.

SC: The annual Equality Maryland Jazz Brunch is coming up on October 28. Aside from the fundraising aspects of this event, how important is it for the lgbt community to participate?

DF: There are a number of reasons to join us at the Jazz Brunch beyond just financially supporting EQMD (which of course is always welcome!). This event is a key show of our community and our allies' strength. Several legislators who have not committed to support the Religious Freedom and Civil Marriage Protection Act will be there. U.S. Rep. and civil rights icon John Lewis is one of the most powerful and moving public speakers I have encountered and hearing him alone is worth the ticket price. We are pleased that HRC leaders Joe Solmonese, Tim McFeeley and Elizabeth Birch are joining EQMD to honor Vic Basile for his outstanding leadership on lgbt issues for decades.

SC: What else can the lgbt community do to help Equality Maryland help the cause?

DF: (1) Please make sure you are a member or renew your membership! We are only as powerful as our members. (2) Stay abreast of the latest EQMD news by signing up for our E-mail alerts. And (3) Please learn more about your legislators and develop a relationship with them.

It doesn't matter if you start small with just a personal e-mail. That matters a lot. To that end, mark you calendar for Monday, February 11th so you can join us for our annual Lobby Day in Annapolis. And most importantly, start talking! Talk to your neighbors, friends, co-workers and family about the issues important to EQMD and our community. If you are straight, talk about why you support ending discrimination against transgender individuals, offering equal benefits to employees and the freedom to marry. If you are LGBT talk about how these issues directly affect you. If we don't share our stories, we cannot expect to have more "Mayor Sanders' moments."