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From Baltimore OUTloud"Playing political chicken with civil rights is frustrating": An Interview with Dan Furmansky
by Steve Charing
Friday, April 11, 2008
Last September, the Maryland Court of Appeals in a 4-3 decision upheld the state's constitution that defined marriage as between a man and a woman. The Court then left it to the legislature to make any changes if deemed appropriate.
With the 2008 Maryland General Assembly session just concluded, there had indeed been pro-lgbt legislation passed: (1) Health Care Facility Visitation and Medical Decisions and (2) Recordation and Transfer Tax Exemption. But other key issues, such as marriage equality and transgender protections did not move forward.
Dan Furmansky, Executive Director of Equality Maryland, the state's principal lgbt advocacy organization, in an exclusive interview with Baltimore OUTloud's Senior Political Analyst Steve Charing, assessed the results of the session and the future outlook.
SC: This has been a rough stretch beginning with the Court of Appeals unfavorable ruling on same-sex marriage. Included in this sad period was the passing of Senator Gwendolyn Britt (D-Montgomery), a civil rights icon and a key sponsor of the Religious Freedom and Civil Marriage Protection Act. Could she have made a difference this General Assembly?
DF: When we lost Sen. Britt at the young age of 66 during the start of the legislative session, we lost a dear friend and a unique and incomparable civil rights voice. She earned her moral authority during the 1960s when she went to jail in Mississippi as a Freedom Rider. While some legislators disagreed with her position on marriage equality, everyone respected her, and when she spoke, everyone listened. There are too many conversations with her colleagues about lgbt rights that were cut short, and I know ultimately she would have changed so many more hearts and minds.
SC: Many did not give marriage equality a chance to succeed in this session but thought transgender equality would. What went wrong?
DF: We're incredibly disappointed that the transgender civil rights bill wasn't given a chance. Equality Maryland approached the Governor personally about this legislation before session, and as a result of that conversation, the Governor asked the Maryland Commission on Human Relations to sponsor the measure as a departmental bill.
Unfortunately, Chairman Pete Hammen of the Health and Government Operations Committee prevented the Departmental bill from being filed in his committee, which is his prerogative as chair. Del. Hammen supports the measure, but said he felt the Governor hadn't really "worked" the legislation and guaranteed its smooth sailing in the Senate, where it died last year. The Governor's lack of support and the House and Senate games of political chicken are incredibly frustrating when we're talking about civil rights.
SC: How do you think the General Assembly's preoccupation with the state's fiscal woes affected Equality Maryland's ability to pass the major components of its lgbt legislative agenda?
DF: Most legislators and commentators feel that very little was accomplished this session (on a number of issues) because everyone was so fatigued from the special session, and because the Governor's poll numbers are so low. Most disappointing on a fiscal note was that the Democratic leadership scuttled the inheritance tax exemption bill for domestic partners. The same Democrats, who would have supported marriage equality or civil unions despite any cost to the state, refused to advance one single measure for lgbt people because it might have cost the state a very small amount of money.
SC: While there were some successes this session, what will it require to get a bill passed next year that would exclude domestic partners from paying an inheritance tax?
DF: The bill has a good chance of passage next year. In the meantime, lgbt Marylanders and our allies who are Democrats have to hold the Democratic Party accountable for their actions in killing the bill. To say that the Democrats in Maryland take lgbt voters for granted is an understatement.
Also, Equality Maryland needs more individuals to come and testify for the measure. If you lost a partner and dealt with the inheritance tax personally, or if you're just getting on in years and thinking more about end-of-life issues, please contact us about sharing your story.
SC: As you know, Senator C. Anthony Muse (D-Prince George's) held the deciding vote to push the Religious Freedom and Civil Marriage Protection Act out of committee to the Senate floor but opposed it. Given that he does not return phone calls to the gay media and he has not met with representatives from Equality Maryland, is it fair to say that he has no interest in us and that trying to educate him will serve no useful purpose?
DF: While I don't have unrealistic hopes for Sen. Muse's future voting record on lgbt issues, I also don't believe an advocacy organization can give up in trying to change hearts and minds of a key legislator. Clearly, members of the lgbt community aren't the ideal messengers for Sen. Muse, but we will continue to ask individuals who already work with him on other issues, as well as members of his church, to talk with and educate Sen. Muse on why lgbt people should be afforded the protections of the law.
SC: In my previous OUTspoken column, I called on Equality Maryland to find and support a progressive opponent who can defeat Sen. Muse in 2010 similar to Donna Edwards' defeating Albert Wynn in a Congressional primary. Are you considering that as part of your future strategy, and is that a do-able prospect?
DF: Certainly all options are on the table for 2010, and our PAC will look at a number of key races across the state, some in conjunction with organizational allies, and start having those conversations now. At this point, however, we have two years left with this legislature, so it's premature to say decisively who will be a prime target, since people's attitudes and votes do change and some people decide not to run for re-election.
SC: Delegate Frank Conaway, Jr., who represents a district that has one of the highest concentrations of same-sex couples in the state, made snarky, homophobic comments during the committee hearing for the Religious Freedom and Civil Marriage Protection Act. What can Equality Maryland do to motivate Conaway's numerous lgbt constituents, particularly in Charles Village, to take him to task?
DF: Equality Maryland generated some press to get the word out, sent directed messages to our District 40 members and spoke with elected officials in the area about Del. Conaway, Jr. We know he's feeling the heat at this point, and hopefully he'll see that respecting and listening to his lgbt and pro-lgbt voting bloc is crucial for his success as a delegate.
SC: How can we ever expect to achieve marriage equality if Democrats, such as Conaway, who represent large lgbt constituencies take an unfavorable position?
DF: We have to look at someone like Del. Conaway, Jr. as a person who may be moved on the issue with enough contact with his constituents. I have seen legislators change dramatically from this sort of contact, so I hope his remarks were a wake-up call for your readers who lives in his district. Indeed, there are Democrats who don't support marriage (or even domestic partnerships!), but we can't give up on these individuals, or on fair-minded Republicans, because we're seeing astounding movement towards marriage in Maryland.
How many states in the country saw marriage bills introduced this year with 49 co-sponsors? That's nearly one-fourth of the legislature supporting marriage at the outset, not to mention the number of others who have committed to voting for the measure. Baltimore City, College Park, Kensington, and Takoma Party have passed pro-marriage resolutions. The House of Delegates is fertile ground for passing the bill, and with some more hard work, the Senate will be as well.
SC: To what extent was Senate President Mike Miller an impediment this session?
DF: The Senate President assigns the committee members, and the Senate Judicial Proceedings Committee is very conservative. Without another supportive vote on that committee, we're facing a serious roadblock to advancing pro-lgbt bills. It's true that the Senate President can easily kill a bill if he wants to without leaving a trace, but for the 2008 legislative session, we don't believe he actively stood in the way of advancing any measures. Of more concern is his bully pulpit, since he spoke out against marriage equality and civil unions even before the start of the legislative session. LGBT Democrats deserve better from their leadership.
SC: Do you see anything that Equality Maryland should have done differently this time?
DF: We always learn things in the process, such as which legislators are easiest to work with and how to avoid amendments that water down bills. But our only real regret is relinquishing control of the transgender civil rights bill to the Governor's office.
SC: Although civil unions have proven to be ineffective especially in New Jersey, would you have embraced such a measure here had there been the political will to pass it?
DF: Equality Maryland did a lot of education this year with legislators about the ways in which civil unions are failing in New Jersey and elsewhere, and it's truly making a difference and moving civil union supporters to marriage equality. That said, our job is to advance our community, and if an alternative legal mechanism had passed committee, we would have embraced it while letting legislators know it was not a panacea, but a pit stop on the road to marriage equality.
In any case, this is a moot point: one committee is the stumbling block for any comprehensive relationship recognition for same-sex couples: the Senate Judicial Proceedings Committee. There are four anti-gay Republicans, two anti-gay Democrats, and five pro-gay Democrats. Without one additional supportive vote on that committee, we're not passing marriage equality, civil unions, transgender rights, comprehensive domestic partnerships, or anything else. Unless we gain another supporter on that committee or see a change in the committee structure, we have to find ways to move bills through other committees.
SC: What are Equality Maryland's plans for the 2009 session?
DF: Our legislative committee, legislative friends, and board of directors will convene to digest what happened this year and what we can accomplish in the interim to prepare for 2009. Unfortunately, we have a major battle ahead of us in Montgomery County, where a transgender civil rights law could go to referendum for the first time in the country. We're working hard to keep that off the ballot and to prepare just in case it does reach the ballot, which will help us assure we can pass a statewide non-discrimination measure.