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From the Associated PressMd. court boots gay marriage question to reluctant lawmakers
Thursday, January 3, 2008
ANNAPOLIS – Gay marriage has been declared a question for the legislature, not the courts but top Maryland lawmakers doubt any bills on the matter will pass in the upcoming legislative session.
The session that begins Jan. 9 will be the first regular session since the state's highest court ruled in a Baltimore case that the Maryland constitution's equal-rights amendment does not make a ban against same-sex unions unconstitutional.
In other words, the judges punted the question back to lawmakers.
"Our opinion should by no means be read to imply that the General Assembly may not grant and recognize for homosexual persons civil unions or the right to marry a person of the same sex," Judge Glenn T. Harrell Jr. wrote in the September decision.
But top lawmakers say it's unlikely the question of same-sex unions will advance this session.
"Both sides are so passionate about it, nothing will move," predicted Senate Republican Leader David Brinkley.
House Speaker Michael Busch and Senate President Thomas V. Mike Miller have said they doubted gay marriage or civil union bills will make it to a vote this year.
"Churchgoing people are not really in favor of breaking up traditional marriage," Miller said Thursday. "I don't think we see a whole lot of movement in that direction."
But activists on both sides say it won't be easy for lawmakers to ignore the question. It's likely several bills will be proposed, including measures that would grant same-sex marriages, create civil unions, or create a constitutional amendment banning same-sex unions.
And a House-Senate committee is scheduled to take up a definition of "domestic partner" next week as it approves a health insurance regulation. A new law that took effect Jan. 1 requires insurance companies to offer benefits to domestic partners if companies request it, but the law does not define domestic partners. That definition will need to be approved by lawmakers.
Equality Maryland, a gay-rights group, plans to back a bill that would take gender requirements out of state marriage law. The bill would make clear that clergy members are under no obligation to perform gay wedding ceremonies.
"Opponents have said we're trying to make clergy do what they don't want to do. So we addressed that. This isn't anything other than equality from the state," said Carrie Evans, Equality Maryland's policy director.
Supporters of the marriage bill say they'll appeal to their colleagues to take up their bill in the interest of fairness.
"From pensions to immigration to visitation in the hospital, there are just a slew of rights related to marriage," said Delegate Ben Barnes, D-Anne Arundel and Prince George's, who plans to sponsor a marriage equality bill.
Despite signals from legislative leaders that gay marriage bills won't advance, Barnes predicted supporters will push hard to get something done about gay marriage this term.
"This bill just seeks to end discrimination while protecting religious institutions," he said.
On the other side, gay marriage opponents plan to push equally hard.
Sen. Andy Harris, R-Harford, plans to propose a constitutional amendment banning same-sex marriages. But he said he didn't have high hopes any marriage proposals would succeed.
"I doubt we'll see it on the floor if the Senate President doesn't want to move it on the floor," Harris said.
Delegate Victor Ramirez, a Prince George's Democrat who supports legalizing same-sex unions, said it's too soon to know whether a gay marriage bill of any sort will succeed this term.
"Quite honestly we're gearing up to see where the consensus is," Ramirez said. "It's still to be determined."