MARYLAND'S LESBIAN, GAY, BISEXUAL AND TRANSGENDER
CIVIL RIGHTS ORGANIZATION
Wait for same-sex marriage in Maryland could be nearing an end

Same-sex marriage is, if nothing else, a waiting game.

Consider the position the District found itself in for years. A majority of D.C. Council members might have voted through a gay marriage bill a decade ago, but a Republican Congress would have crushed the effort. But piece by piece, council members laid the groundwork, and last year, the city's gay couples could marry at last.

Now it appears that the wait in Maryland is nearing an end. The State House's Democratic majorities have been blocked by Senate President Thomas V. "Mike" Miller Jr., who has opposed gay marriage.

But not much longer. "We really feel like 2011 is the year," said Morgan Meneses-Sheets, executive director of Equality Maryland, the state's most prominent gay-marriage lobby group.

Miller has given his blessing to a committee realignment that all but ensures that a gay-marriage measure will make it to the Senate floor during this year's session, which starts Wednesday - and presumably onto the desk of Gov. Martin O'Malley (D), who pledged last year to sign it.

Same-sex marriage, for all intents and purposes, already exists in Maryland. Last year, Attorney General Douglas F. Gansler issued an opinion that recognized out-of-state gay unions - legitimizing "MARC marriages," where gay and lesbian couples can simply hop a train down to the District to get hitched before returning home with all the state rights and privileges afforded a married straight couple.

In other words, the debate at this point boils down to whether lawmakers want gay Maryland residents to spend their wedding budgets at home or in the District.

But with a coterie of moderate Democrats and vocal Republicans opposing any endorsement of gay rights, same-sex marriage isn't quite a done deal. This week, a complication entered the picture, with the Senate's minority leader announcing that he plans to introduce a bill that would create civil unions for gay and straight couples.

"My goal is to have complete equality," Sen. Allan H. Kittleman (R-Howard) said. In a sense.

If he had his druthers, Kittleman would do away with civil marriage altogether, he said, making it a purely religious institution. But that would have left straight couples high and dry vis-a-vis the federal government, which wouldn't extend the benefits of marriage to those who are merely united civilly.

Kittleman - the son of civil-rights pioneer Robert Kittleman, who was for a time chairman of the Howard County NAACP - said he's trying to find common ground and wouldn't rule out voting for some version of a gay-marriage bill. "I was raised that civil rights are important and human rights are important," Kittleman said. "I think it does good for the body . . . to have a good debate, a spirited debate."

But civil unions are a non-starter among Democrats who support gay rights. They are intrigued by Kittleman's embrace of secularism but see no need for half-measures.

"Let's have that discussion," Meneses-Sheets said. "But in the meantime, we have to provide access to the institution we do have."

Sen. Richard S. Madaleno Jr. (Montgomery), the openly gay Democrat leading the marriage push, says Kittleman's gambit "shows just how far the debate has swung in Maryland" and is "a sign that people on both sides know that something is passing this year."

And civil unions aren't likely to gain traction among Republicans more conservative than Kittleman, who have voted against a succession of bills expanding gay rights.

Even the state Republican Party's new chairman, former senator Alex X. Mooney, takes a dim view of the prospects of derailing a marriage bill. He has a particularly ironic role in the gay-marriage debate. As the chamber's most outspoken social conservative during his 12-year tenure, it was his ouster from his Frederick seat that led to the committee shuffle that could allow a gay-marriage bill to pass.

"Elections have consequences," he noted dryly.

Mooney, in the position of speaking for a state party he is hoping to turn in a more conservative direction, is placing his hopes in voters, who could overturn the bill on the 2012 ballot.

But in Maryland, opponents would have to collect more than 55,000 valid signatures statewide within a matter of months to put the issue to voters. It's a tall order in a state where organizers couldn't muster enough signatures to challenge the addition of sexual orientation to the human rights law a decade ago.

Mooney sees a referendum push as a way to invigorate moribund state Republicans. "I just think we need to do it on something once to show Marylanders it can be done," he said.

Another Republican operative put it differently: "When you see a freight train, you don't stand in the way of it."

This article was written by Mike DeBonis and originally appeared in the Washington Post.

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Events
Date: June 08, 2013 - 09:00
Location: Baltimore

First Unitarian Church of Baltimore and Free State Legal Project present:

From Stonewall toSecuring Marriage Rights:
What Does It Mean for Us?
Exploring the Legal Implications of Marriage for Gay Couples

A comprehensive overview of legal marriage in the State of Maryland for gay couples. Whether you are already married or just considering, esteemed attorneys Susan Francis and Susan Silber will walk you through everything you need to know before and after you walk down that aisle. Beyond romance, learn what those 1000+ contracts and responsibilities actually mean!

Topics to be discussed include:

DOMA– What is DOMA & Challenges to DOMA; Federal protections outside of DOMA; Considerations when not to marry – (Medicaid, other public benefits, immigration, continuation of prior spousal benefits).

MD Law Overview – 1000+ laws. How protected under MD law? What are protections, benefits, obligations? What is the effect of the federal government not recognizing your marriage? What are the consequences of other states not recognizing your marriage? Strategies to protect your family.

Marriage – Family Law Issues. License – how to marry, what if married elsewhere, what if have a civil union; Pre-nuptial agreements = clarify marital v. nonmarital property, simplify divorce process, collaborative or mediation dispute resolution; Domestic Partnership affidavit– specific benefits.

Protecting our Families. Wills, trusts, health care directive, POA, DP Affidavits, DP or PreNup Agreements

Protecting our Children. Second parent adoption, birth certificate with marriage (full faith & credit issues), problems with de facto/third party parent, donors, surrogacy.

Divorce Issues. Length of marriage, maintaining ties & friendships, DOMA (pension, tax, alimony); dissolution of civil unions/domestic partnerships.

OtherMD Marital Issues. Insurance; Employment – public & private; FMLA; Real Property – Tenants by entirety; Public benefits – Medicaid; Name changes; Taxes – joint – imputed state income; estate; inheritance; alimony & QDROs; transfers between spouses; mortgage interest; tax credit programs; Military & veteran benefits.

 

Saturday, June 8, 2013, 9am - noon
Enoch Pratt Parish Hall, 514 N. Charles Street
Baltimore, MD 21201

The seminar is free and open to the public. However, space is limited, so please respond to office@firstunitarian.net, or call 410-685-2330 to reserve your seat. Participants are encouraged to submit questions in advance via email.

About the presenters:

Susan Francis is the Foreclosure Prevention Project Manager at the Maryland Volunteer Lawyers Service (MVLS). She formerly was an Associate at Silber, Perlman, Sigman and Tilev; and theFamily Law Research Specialist at the Administrative Office of the Courts, Department of Family Administration. She graduated from the University of Baltimore School of Law in 2011. She was a member of Law Review and the Omicron Delta Kappa National Honor Society for Leadership. She has interned at the Public Justice Center, the U.S. Attorney’s Office, the U.S. Department of Justice and the Annie E. Casey Foundation.

 

Susan has a B.S. and M.S. in Journalism from Ohio University. She served as Development and Communications Director for the Coalition on Homelessness and Housing for twelve years and was most recently the Development Director forEquality Maryland. She serves on the Board of Directors of Free State LegalProject and the Public Justice Center. She has co-written with Ms. Silber several articles on gay marriage for the Washington Blade, the Maryland Domestic Law Reporter, and the Equality Maryland marriage FAQs on their webpage, and has conducted various workshops on the intersection of family law and LGBT families. Susan and her wife, Sandy, were married in Ontario, Canada in 2004. susanfrancis@gmail.com

Susan Silber has dedicated her legal career of over 30 years to advancing the rights of all families, including a focus on same-sex families. Susan founded the law firm of Silber, Perlman, Sigman & Tilev, PA, which is a full service, community-based law firm located in Takoma Park, Maryland. She is an experienced attorney in family, employment, civil rights, and municipal law, and has served as the City Attorney for Takoma Park for 30 years.

 

In addition to drafting, counseling, negotiation, and litigation, Susan is an experienced mediator and collaborative attorney. She has assisted hundreds of people incooperatively forming their families (e.g., second parent adoptions, livingtogether contracts, powers of attorney, medical directives, and parenting agreements). Sue has been featured on national television and is a frequent guest speaker. She has spoken extensively on Lesbian and Gay parenting issues, including custody, adoption, alternative fertilization, surrogacy, and documents helpful in protecting unmarried and same-sex families. Susan was named a Super Lawyer by her peers in Super Lawyers Magazine for both Maryland and Washington, DC.

 

Susan is a member of the National Family Law Advisory Council of the National Center for Lesbian Rights, currently serves on the board of Equality Maryland and the Divorce Roundtable, and is a past president of the LGBT Bar Association of Maryland. She was recently honored for her distinguished service by COLAGE (Children of Lesbians and Gays Everywhere), GAYLAW (Gay, Lesbian, Bisexual,Transgender Attorneys of Washington, DC), and her synagogue Bet Mishpachah.Susan’s children have two moms. Her family has been featured in three books and was interviewed by Barbara Walters for ABC’s “20/20”. silber@sp-law.com

Date: June 09, 2013 - 12:00
Location: Columbia

Please join us the second sunday of every month for our Board Meeting.

 

Contact Vanessa, vanessa@equalitymaryland.org, for more information.

Date: July 14, 2013 - 12:00
Location: Columbia

Please join us the second sunday of every month for our Board Meeting.

 

Contact Vanessa, vanessa@equalitymaryland.org, for more information.