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Tuesday, April 14, 2009
2009 LEGISLATIVE WRAP-UP
Inheritance Tax Bill Passes!
Yesterday, the House of Delegates and Senate agreed on legislation to exempt individuals from the inheritance tax paid on primary residences after the death of a domestic partner. The Senate passed legislation last week exempting only same-sex domestic partners from the tax. The House later amended the legislation to exempt both same-sex and opposite-sex couples, then passed the measure 94-38. The legislation now heads to the Governor for his signature, who has indicated he will sign the measure into law.
Equality Maryland thanks lead sponsors Sens. Jim Robey and Rich Madaleno and Del. Sheila Hixson for their stewardship of the legislation. The new law will apply to primary residences that are held in joint tenancy, and will take effect this summer. Anyone whose partner passes away after July 1st will be eligible for the exemption. To read the text of the bill, visit http://mlis.state.md.us/2009rs/billfile/sb0785.htm.
While this measure won't afford relief to individuals like Mark Patro, Kathy Markley and Michael Lacey, who testified in Annapolis this year about the difficulties they faced after the deaths of their partners, it will help countless others in the years ahead to navigate their finances, their homes and their families.
Gender Identity Anti-Discrimination Law Dies
Equality Maryland is extremely disappointed that Democratic leaders in Annapolis refused to take up legislation that would ban discrimination against transgender individuals in housing and employment. House Health and Government Operations Committee Chair Pete Hammen (D-Baltimore City) refused to bring the bill for a vote before the Senate acted, citing the defeat of the measure in the Senate in previous years. Despite efforts by the bill sponsors and Equality Maryland to address any and all concerns cited by legislators, Senate Judicial Proceedings Committee Chair Brian Frosh repeatedly allowed committee members to postpone an up-or-down vote on the legislation, even though he solely had the power to allow such a vote. The delay tactics guaranteed that the measure could not reach the Senate floor. The bill died due to inaction at the end of session.
Some legislative leaders refused to take up the measure because they view it as a political issue too hot to handle rather than an opportunity to address pervasive bias against a group of individuals who truly need anti-discrimination protections. Equality Maryland will be back in 2010, pre-filing the legislation, and working for an early hearing and the due consideration by legislators that this issue deserves. We hope everyone will continue to communicate with their legislators and with Democratic leaders to help them understand that discrimination against transgender people is a sad fact in our society, and one that must be dealt with.
Equality Maryland thanks our bill sponsors, Del. Joseline Pena-Melnyk and Sen. Rich Madaleno, for their tireless efforts to advance the measure. Their passionate, persuasive advocacy was tremendous! We also thank Glendora Hughes with the Maryland Commission on Human Relations and Lisa Mottet with the The Task Force for all of their work in addressing legislators' concerns around language. Finally, we thank Sen. Jamie Raskin and Sen. Jim Brochin, the only two members of the Senate Judicial Proceedings Committee to consistently oppose delaying the bill for a vote.
Marriage Equality Bill Dies Due to Inaction
The aforementioned Senate Judicial Proceedings Committee is unfortunately a veritable graveyard for bills dealing with relationship recognition for same-sex couples. This is one reason why EQMD has consistently worked with legislators to craft legislation that grant rights to same-sex couples which will be assigned to other committees, like the inheritance tax legislation. For the second year in a row, legislative leaders in the House and Senate failed to take a vote on the Religious Freedom and Civil Marriage Protection Act, citing a lack of votes in the Senate Judicial Proceedings Committee. In the House Judiciary Committee, however, legislators resoundingly voted down an anti-gay constitutional amendment, showing that discrimination has no place in our state constitution.
As more states join Iowa, Massachusetts, Connecticut and Vermont in granting equal marriage rights to same-sex couples, Maryland will continue to fall behind. We must all continue to pressure leaders in Annapolis to do more to advance rights for same-sex couples, and to stop creating roadblocks to progress like the Senate Judicial Proceedings Committee that stymie true debate on LGBT rights.
Maryland Family and Medical Leave Act Held Over for Additional Study
A bill sponsored by Del. Heather Mizeur to require employers subject to the federal Family and Medical Leave Act of 1993 to allow their employees to take leave under the FMLA to care for additional family members, including domestic partners and children of domestic partners, died in committee. This legislation would have benefited a broad array of people, not just same-sex couples, and its failure dealt entirely with its uncertain fiscal impact on local governments. With additional study in the interim, we believe this measure may have a better chance of passage in 2010.
Domestic Partner Benefits for State Employees to Take Effect in July
Gov. O'Malley's proposal to extend healthcare and other benefits to state employees' domestic partners and dependent children was approved by the General Assembly. Equality Maryland worked vigorously to ensure that that these benefits remained in the fiscal year 2010 budget, and we thank the Governor for his work in making this a reality!
Freedom of Association and Assembly Protection Act of 2009 Becomes Law
Legislation to prohibit police spying on lawful groups will become law in 2009. Two competing bills were offered - one by lawmakers and one by the Governor - that would mandate that law enforcement use of covert techniques and compiling of criminal intelligence dossiers about Marylanders' political views and activities be based on reasonable suspicion of criminal activity. The bills were merged and passed by the House and Senate. The new law will take effect this year.