Same-sex Marriage in Maryland - Legislative Action - Civil Marriage Protection Act

Civil Marriage Protection Act

The General Assembly first considered the Civil Marriage Protection Act in 2011. Governor Martin O'Malley stated that he would sign the bill, despite urges from then-Archbishop of Baltimore Edwin Frederick O'Brien requesting that he "resist pressure to do so." O’Malley said "I have concluded that discriminating against individuals based on their sexual orientation in the context of civil marital rights is unjust. I have also concluded that treating the children of families headed by same-sex couples with lesser protections under the law than the children of families headed by heterosexual parents, is also unjust." On February 24, 2011, the Senate, which was thought to be the biggest obstacle to passage, approved the bill in a 25–21 vote. The House of Delegates proved to be a challenge, where same-sex marriage advocates struggled to gain support from social conservatives from Prince George's County, southern Maryland, and the Baltimore suburbs who cited religious concerns.

The debate highlighted disagreements between openly gay lawmakers and some black lawmakers on whether same-sex marriage is a matter of civil rights. Delegate Emmett C. Burns, Jr. said: "If you want to compare same-sex marriage to civil rights as I know it, show me the Ku Klux Klan that invaded your home." Delegate Keiffer J. Mitchell, Jr., grandson of NAACP chief lobbyist Clarence M. Mitchell, Jr., said "It is a civil rights issue when we as a state and a government deny equal protection under the law." Several delegates who originally co-sponsored the bill began to express doubts after being lobbied by church-going constituents, including Sam Arora and Tiffany Alston, who delayed the bill's vote in the House committee by skipping the voting session. The bill passed through the committee after its chairman, who rarely votes in committee, voted in favor. The House majority whip opposed the bill. Despite pleas from gay lawmakers, the House of Delegates voted to send the bill back to committee on March 11, 2011 and would not reconsider it before January 2012.

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