LGBT issues

  • February 22, 2012

    by Jeremy Leaming

    Though leaders of the Maryland Senate have delayed consideration of Gov. Martin O’Malley’s marriage equality bill, The Washington Post reports the measure is still expected to pass the chamber and reach the governor by week’s end.

    The Senate’s Minority Whip Edward R. Reilly (R-Anne Arundel), the newspaper reports, obtained the delay so amendments to the equality measure could be prepared. Senate President Thomas Miller Jr. said he expects the measure to pass the Senate, as it did last year.

    O’Malley (pictured) is pushing hard to add Maryland to the list of states that have legalized same-sex marriage. Following last week’s approval of the measure by the Maryland House of Delegates, the governor said “we’re prepared to redouble our efforts” as the Senate considers the measure.

    “The common thread,” he continued, “running through our efforts together in Maryland is the thread of human dignity; the dignity of work, the dignity of faith, the dignity of family, the dignity of every individual.”

    As in Washington, where Gov. Chris Gregoire recently enacted marriage equality legislation, Christian evangelical lobbyists in Maryland are vowing to drag marriage equality before voters, if need be.

    The Maryland Marriage Alliance, representing a gaggle of Christian evangelical interests, is loudly arguing that marriage must remain exclusive to men and women. In a missive on the group’s website, it claims that houses of worship that refuse to conduct weddings for gays and lesbians will place their tax benefits in jeopardy. Maryland’s equality bill, however, contains and exemption for houses of worship, much like the one that passed last year in New York. The Md. bill explicitly states that houses of worship, which receive generous government tax benefits, can play be different rules, and discriminate against gays and lesbians if they wish.

  • February 20, 2012

    by Jeremy Leaming

    While some lawmakers and politicians are working to end a few of the nation’s inequalities, like the one centering on the right of gays and lesbians to wed, others are keeping up the ignoble work of trying to hobble or defeat efforts to advance equality.

    For example, in many of the states where marriage equality is advancing, special interest groups have mounted, or in the midst of doing so, campaigns to ensure that government recognition of marriage belongs exclusively to men and women.

    After Washington Gov. Chris Gregoire enacted marriage equality legislation, social conservatives promised to gather enough signatures to place the newly gained civil liberty before the voters. N.J. Gov. Chris Christie has endorsed placing civil liberties before the voters when he vetoed a bill allowing lesbians and gays to wed. (Newark, N.J. Mayor Cory Booker took issue with Christie’s tactic, saying equal rights should never be placed before the whims of the majority.)

    Religious right groups are also promising to topple the effort by Maryland to allow same-sex marriage. The Maryland Marriage Alliance, which calls itself a an “interfaith coalition dedicated” to keeping marriage an exclusive institution, has promised to launch a petition movement to place the law before voters, provided it passes the Maryland Senate and is signed by Gov. Martin O’Malley, both highly likely. The Maryland Senate passed a similar measure last year, and O’Malley (pictured) has said he would sign the new measure. The governor has also upped his involvement this time around – he’s sponsoring the equality legislation that is moving through the legislature.

    Following the approval last week by the Md. House of Delegates, O’Malley applauded the outcome, saying the chamber had “voted for human dignity.”

    The marriage alliance, a gathering of primarily evangelical Christian groups, issued a press statement decrying the House’s vote as undermining the exclusive definition of marriage and noting, “thankfully,” that the state “allows for a referendum process by a people’s vote, and we are committed, if needed, to bring this issue to the vote of the people of Maryland.”

    Like the law enacted last year in New York, the Maryland marriage equality measure includes a provision granting an exemption for houses of worship to refuse to marry lesbians and gays. The Maryland Senate is expected, The Washington Post reports, to promptly take up the equality bill. The newspaper says the senate’s Judicial Proceedings Committee and the full chamber “quickly could approve the bill” with the possibility of sending it to O’Malley by week’s end. The state is moving quickly to become the eighth one to allow lesbians and gays to wed, joining Washington, New York, Massachusetts, Connecticut, New Hampshire, Vermont, and Iowa. The District of Columbia also recognizes same-sex marriage.

  • February 16, 2012

    by Jeremy Leaming

    New Jersey lawmakers, in historic fashion, advanced equality, by voting to allow lesbians and gay men to wed. As The Star-Ledger notes it was the first time the Assembly “had ever voted on the measure.”

    It also follows this week’s action in Washington, where Gov. Chris Gregoire enacted a marriage equality law. That state joined New York, Massachusetts, Connecticut, New Hampshire, Vermont, Iowa and Washington, D.C. in supporting same-sex marriages. Not surprisingly, Religious Right activists are vowing to topple the Washington law, by placing it before voters.

    In New Jersey, Republican Gov. Chris Christie (pictured) has said he would veto the marriage equality bill. He says civil liberties of lesbians and gay men should be placed before voters. The Star-Ledger says the veto may happen today.

    Still, supporters of marriage equality celebrated the vote. Assemblyman Reed Gusciara (D-Mercer) said “this is probably one of the highlights of my legislative tenure – no matter what the ultimate outcome may be.”

    The Maryland legislature is also considering a marriage equality measure. Maryland Gov. Marin O’Malley, unlike Christie, is supporting equality. After Washington lawmakers approved its marriage equality bill, O’Malley issued a statement saying, in part, “It is time for Maryland to do the same.”

  • February 13, 2012

    by Jeremy Leaming

    Washington state did not place the effort to advance equality before the whims of voters. Today at the Washington Capitol, Gov. Chris Gregoire signed into law a measure granting lesbians and gay men the right to wed.

    “This is a very proud moment,” Gregoire (pictured) said at the bill signing ceremony, the Seattle Times reports. The law will take effect in June, at the earliest, the newspaper states.  Last week when the state’s House approved the bill sending it to her, Gregoire said the state would “no longer deny our citizens the opportunity to marry the person they love. We tell every child of same-sex couples that their family is every bit as equal and important as all other families in our state. And we take a major step toward completing a long and important journey to end discrimination based on sexual orientation.”

    Like the one enacted last year by New York, Washington’s marriage equality law includes language allowing houses of worship to refuse to wed gay couples or allow their facilities to be used for such ceremonies. Besides New York, Massachusetts, Connecticut, New Hampshire, Vermont and Iowa recognize same-sex marriages. Washington, D.C. also allows gay couples to wed.

    As is typical in all states where efforts to advance marriage equality have taken place, Religious Right organizations have rallied to counter them. Opponents of marriage equality in Washington are vowing to collect enough signatures, 241,153 by July 6, to place the newly enacted law before voters in November.

    The Family Policy Institute of Washington and the National Organization of Marriage (NOM) are pushing the effort to collect those signatures. The Family Policy Institute describes itself as an outfit that grooms “leaders” to help “impart a biblical worldview for those committed to Judeo-Christian truths ….”

  • February 10, 2012
    Guest Post

    By Rebecca L. Brown, Newton Professor of Constitutional Law at USC Gould School of Law. She is the author of the 2010 ACS Issue Brief, “The Prop 8 Court Can Have it All: Justice, Precedent, Respect for Democracy, and an Appropriately Limited Judicial Role.”


    The Ninth Circuit did a great job this week in deciding the Perry case, involving the constitutionality of Proposition 8 — not only because of the result it reached, but because of how it got there. I think the court did a great service to the plaintiffs in Perry (as well as those similarly situated), to the state of California, and to the Constitution itself. I say this because the court focused very carefully and narrowly on the facts of the particular case, and did not yield to the temptation, always present in a sensational case, to be dramatic, to exaggerate, or to stretch the law. Instead, in my view, the court did exactly what we want a court to do when faced with any Equal Protection challenge:  to consider very carefully the interests that the state offers in support of its unequal treatment of some of its people, and to insist that those interests be both genuine and closely tied to the law under attack. 

    On that score, Proposition 8 could not survive, for a very simple reason. The interests that were offered in support of denying marriage status to same-sex couples were not relevant to the actual inequality that Proposition 8 created. As the court recognized, Proposition 8 affected only the status of marriage, not the legal infrastructure supporting families headed by same-sex couples. The word “only” does not at all mean that the denial of this status is unimportant to either side of this debate. But it does confine the court’s equal protection inquiry to just those state interests that could be said to justify this denial of the title of marriage. The court rightly recognized that broad assertions of state interests that might arguably be served by restricting same-sex households and families were simply not germane to Proposition 8 itself, because that proposition did not have any effect on the surviving bundle of property, parenting, and companionship rights that support those households and families. The state was called upon to offer a non-hostility-based rationale for leaving same-sex households legally intact while denying them the status of marriage.  The court found none.