The Maryland Senate Judicial Proceedings Committee heard testimony on the Civil Marriage Protection Act throughout the afternoon on the last day of January, as lawmakers, experts, clergy and regular citizens from both sides of the issue shared their feelings on the bill at two minutes a piece.

The first witness to testify in favor of the bill was Maryland Gov. Martin O’Malley, who has made the bill part of his 2012 legislative agenda. O’Malley, who had at one time hesitated to support extending full marriage rights to gay couples, has become a proponent of the legislation.

“As you know we already recognize civil marriages that come from other states,” Gov. O’Malley said during his brief testimony, “the civil marriage equality bill draws upon the lessons that we have learned from these other states.”

“This bill balances an individual’s civil marriage rights with the important protections of religious freedoms for all,” O’Malley continued. “And because it protects both of these inalienable rights, it is supported by a broad coalition of Marylanders, which includes clergy, community leaders, faith-based organizations, civil rights groups and those who hold the most important title of all in our democracy, and that title is citizen.”

O’Malley was followed by gay Sen. Richard Madaleno — who spoke about his long relationship with his partner and status as a parent — as well as Democratic Sens. Jamie Raskin and Robert Garagiola and Republican Sen. Allan Kittleman, as well as Attorney General Douglas Gansler, all of whom urged passage of the bill.

Also testifying in favor of the bill was Baltimore Mayor Stephanie Rawlings-Blake.

“I believe that all couples regardless of their sexual orientation, want their children protected under the law,” Rawlings-Blake testified. “Please don’t be mistaken, this bill is about more than those rights, it’s also about civil rights and about equality under the law.”

Both sides were given two hours each to present their witnesses in four parts — the first and third hours in support of the law, and the second and fourth in opposition.

Among those testifying were 14-year-old Sarah Crank, who told legislators that it “would be the best birthday present ever if you would vote no on gay marriage.”

“I really feel bad for the kids who have two parents of the same gender,” she said. [...]

“They have no idea what kind of wonderful experiences they miss out on.”

“People have the choice to be gay, but I don’t want to be affected by their choice. People say they were just born that way, but I’ve met really nice adults who did change.”

Listen -- audio courtesy of Think Progress:

Maryland marriage childmp4

"It's rather scary to think that when I grow up the legislature or the court can change the definition of any word they want," she added.

"If they could change the definition of marriage then they could change the definition of any word," said the home schooled teen.

The protest comes on the eve of a Senate Judicial Proceedings Committee hearing at which O’Malley (D) is expected to make his case for marriage equality on Tuesday afternoon.

Protesters yelled "one man and one woman" over and over again, stressing their support for traditional marriage.

The rally was intended to set a defiant tone before a Senate Judicial Proceedings Committee hearing scheduled Tuesday on O'Malley's bill to legalize gay unions. The governor is scheduled to pitch the legislation in person, a rare appearance before a legislative committee.

via: Baltimore Sun

Think Progress has the video from WJZ-TV:

Martin O'Malley

"Laws matter, but words also matter, and if compassion and understanding and justice are what we want, then we must choose laws and we must choose words of compassion, understanding and of justice," he added.

The Democratic Governor acknowledged that his call for understanding and justice was, in fact, touched off by remarks made by his wife, First Lady Katie O'Malley, during her speech at the open of the conference last Thursday.

Katie O’Malley, a sitting Baltimore District Court judge, told attendees, "there were some cowards that prevented it from passing," referring to last year’s failed efforts in the Maryland State House to legalize same-sex marriage -- the bill had passed the state Senate last year, but stalled in the House of Delegates.

In a statement issued Friday, Katie O'Malley said that she regretted the comment, although some lawmakers in Annapolis were unimpressed with her apology.

Speaking to reporters on Sunday, the Governor said his wife feels “very badly” about the comment.

Governor O'Malley has re-crafted the language of the marriage equality bill to more carefully address concerns raised last year in respect to religious freedoms, and said he believes momentum in support of the bill is growing.

“I think there is a much broader coalition in support this year,” O’Malley said. “I think as we progress, more and more people appreciate that the protection of individual rights and the protection of religious freedom are intertwined, and they are part of the effort that all of us share to reflect in our laws a more perfect union.”

The National Organization for Marriage and a coalition of churches, including Bishop Harry Jackson -- who has led efforts to oppose same-sex marriage in the neighboring District of Columbia -- held a rally in Annapolis on Monday opposing same-sex marriage

Hearings on the bill are scheduled be held Tuesday.

With about 50 supporters of the bill standing behind him, including same-sex couples, clergy members, and state labor leaders, O’Malley said the bill provides a proper balance between “equal protection under the law” and “religious freedom.”

His remarks came on the day after he officially introduced the Civil Marriage Protection Act into the Maryland General Assembly and minutes after he hosted a breakfast in the governor’s residence for representatives of the coalition of organizations and clergy backing the bill.

“There is a broad coalition, and many are arrayed on the steps here with me, and they are all supportive of the bill I introduced last night on civil marriage equality in the state of Maryland,” he said.

“All of us want the same thing for our children. Marylanders of different religious beliefs, Marylanders of all walks of life all want the same thing for our children. We want our children to live in loving, stable, committed households that are protected equally under the law,” he said.

Anticipating what political observers in the state capital expect to be an aggressive campaign to oppose the bill by religious groups, including leaders the Catholic Archdiocese of Maryland, O’Malley stressed that his bill provides expanded protections for religious institutions and people of faith.

“We also believe that we can protect religious freedom and rights equally under the law,” he said. “Other states have found a way to do this. We can find a way to do this too. And that common ground that allows us to move forward is dignity — the human dignity of every single person,” he said.

Among those who spoke at the gathering in addition to O’Malley were Rev. Starlene Joyner Burns, founder of a Christian ministry in Bowie, Md.; Ezekiel Jackson, an official with the Service Employees International Union Local 1199 of Maryland; and State Senator Rich Madaleno (D-Montgomery County, one of seven out gay members of the General Assembly.

Martin O'Malley

The governor, his staff and advocates worked throughout the day to hammer out language detailing religious protections, reported The Baltimore Sun, distributing new legislative language just moments before the session began at 8 p.m. ET.

In an informal briefing with reporters earlier Monday, O'Malley said his bill would make religious protections "a little clearer" than they had been in last year's version of the measure. He said he hoped the changes would lead to "additional support."

The language provided Monday night made a few key changes, according to Raquel Guillory, a spokeswoman for O'Malley. She said the bill extended legal protections to leaders of religious groups, while last year's bill shielded only institutions.

The Baltimore Sun

O'Malley said he hoped the changes would lead to "additional support," and has invited gay advocates and religious leaders to a breakfast at his official residence, Government House, on Tuesday morning and is expected to further brief the news media on his proposal.

A same-sex marriage bill passed last year in the state Senate and is expected to do so again. But the measure fell short in the House of Delegates, where the legislation attracted 59 co-sponsors -- four of them later dropped off. Seventy-one votes are needed for passage in the House chamber.

O’Malley announced last July that he was prepared to lead a more aggressive campaign to legalize same-sex marriage, and said he would borrow elements of the strategy used by New York Gov. Andrew Cuomo (D) and marriage equality supporters in the Empire State to sponsor and pass a gay marriage bill in Maryland's 2012 legislative session.

In October, O'Malley released a video in which he called for balancing religious freedom with the freedom to marry.

“As a free and diverse people of many different faiths, we choose to be governed under the law by certain fundamental principles, among them, equal protection of the law for every individual and the free exercise of religion without government intervention,” O’Malley says in the video.

“The legislation we plan to introduce in the 2012 legislative session will protect religious freedom and equality of marital rights under the law,” he said.

O'Malley has downplayed expectations that his bill would have more delegates on it this year.

"We haven’t worked so much on cosponsors as addressing the concerns that kept it from passing last time around," O'Malley said.

The assertion comes in response to opposition to a transgender rights bill introduced Tuesday in Baltimore County, Md., by freshman Democratic councilman Tom Quirk -- his bill would protect transgender people and allow use of restrooms according to their gender identity.

WUSA-TV

Thomas Manger

In a letter sent to Quirk last week, Manger wrote, "Since this law has been in effect (in Montgomery County), we have had no reported rapes committed in restrooms by men in women’s clothing.”

But the leading opponent of the measure, Ruth Jacobs, president of Maryland Citizens for a Responsible Government, said lawmakers should be concerned about women’s safety.

“Promoted as a 'gender identity anti-discrimination bill,' Human Relations Bill No. 3-12 forces the public to recognize men as women, thereby allowing men access to women's bathrooms, This takes away from a woman being a woman," Jacobs said.

"These people are confused about their gender," she added. “The bill is a direct attack on women's privacy."

Mark Patro, president of the Baltimore County’s Parents, Families and Friends of Gays and Lesbians (PFLAG), told The Baltimore Sun, "This bill is about protecting people from discrimination. The bill is not about bathrooms."

The proposed law appears to have enough support on the seven-member county council to pass.

In addition to Quirk, three other council members — Democrats Vicki Almond, Cathy Bevins and Kenneth Oliver — have signed on as sponsors. The council plans to discuss the legislation at a work session in Feb. 18.

Restroom use by transgender individuals in Baltimore County suddenly became an issue last spring when a transgender woman, Chrissy Lee Polis, 22, was attacked following a confrontation with two female patrons over use of the women’s restroom in a Rosedale, Md., McDonald's restaurant.

In addition to Montgomery County's law, neighboring Baltimore City and Howard County have anti-discrimination laws. However, the bathroom provision is a controversial issue. The issue of restroom accommodation sank the Maryland General Assembly’s proposed anti-discrimination law last year.

Officials with an expanded coalition backing the marriage bill and a new transgender advocacy group leading the effort on behalf of the Gender Identity Non-Discrimination Act say they are hopeful that the legislature will pass both measures before it adjourns for the year in April.

“It’s all hands on deck with both bills,” said Carrie Evans, executive director of the statewide LGBT group Equality Maryland. “We’re talking to many lawmakers, including Republicans.”

Evans and others working on the two bills were cautious about predicting when leaders of the Maryland Senate and House of Delegates will bring the measures up for a vote, saying control over the timing of the bills was exclusively in the hands of the lawmakers.

Supporters were also cautious about disclosing strategy for defeating an expected voter referendum that experts say will almost certainly be brought before the electorate in November – in the midst of the U.S. presidential election – if the Maryland Legislature passes a marriage bill this spring.

Public opinion polls show voters in the state are evenly divided over whether to vote for or against same-sex marriage.

Under rules of the Maryland Legislature, the committees with jurisdiction over the bills must hold a public hearing on the marriage and gender identity bills, even though the two bills were the subject of lengthy and contentious hearings less than a year ago during the legislature’s 2011 session.

The Democratic-controlled Senate approved the marriage bill last March in what supporters called an historic 25-21 vote. But the Democratic-controlled House of Delegates killed the measure for the year by voting to send it back to committee after supporters determined they were a few votes short of the 71 votes needed to pass it in the 141-member House.

In what some called an ironic twist, the House of Delegates passed the transgender bill last year before the Senate killed it by voting to send it back to a Senate committee. Senate President Thomas V. Mike Miller (D-Prince George’s and Calvert Counties) reportedly orchestrated the decision to hold off on a Senate vote, saying a number of key supporters changed their minds and threatened to vote against the bill.

Shortly after the defeat of the marriage bill last year, supporters led by the Human Rights Campaign formed Marylanders for Marriage Equality, an expanded coalition of organizations with a track record of political clout with state lawmakers. Among the coalition partners are the NAACP of Baltimore, the Maryland ACLU, and the Service Employees International Union (SEIU). The National Gay and Lesbian Task Force, Equality Maryland and HRC are also members of the coalition.

Coalition spokesperson Kevin Nix of HRC has said each coalition partner brings unique skills and expertise to the lobbying effort on behalf of the marriage bill.

But coalition officials haven’t disclosed which, if any, lawmakers who were uncommitted or against the bill last year have indicated support this time around.

“The good news and the bad news is the legislators are the same,” said Mark McLaurin, a gay man who serves as political director for the Local 500 of the SEIU of Maryland.

He noted that having the same players is helpful to a degree because they are already informed on the marriage and transgender bills. But McLaurin cautioned that with no election taking place since the 2011 legislative session, it may be hard to line up the additional supporters needed to pass the bills.

“Quite frankly, despite the great work that’s been done since the last session, I haven’t heard very many announced conversions from no to yes,” he said. “So in many respects I feel we’re in the same place that we were.”

Like others lobbying for the marriage bill, McLaurin said he is hopeful that Gov. Martin O’Malley’s decision to include the marriage and transgender bills as part of his legislative package this year will provide an important boost for both measures.

In the ten page opinion, arbitrator Lois Hochhauser agreed with the police union grievances filed on behalf of officers Officers Margaret Selby and Juanika Ballard, maintaining that recognition of same-sex marriages conducted in states where they are legal is "not against the public policy of the State of Maryland."

The arbitrator also noted that Maryland "has never enacted a law barring same-sex marriages."

In February, Maryland Attorney General Douglas Gansler issued a long-awaited opinion on whether same-sex marriages validated in other jurisdictions “may be recognized” under Maryland state law. “The answer to that question,” wrote Gansler, in an opinion dated February 23 “is clearly ‘yes’.”

Selby and Ballard filed their grievances in August 2010, with support from the police union, as well legal advocacy group Lambda Legal. They claimed the county had violated the terms of their union contract when the deducted premiums from their paychecks for spousal coverage, and then reversed course and denied the benefits.

The county argued that Maryland law prohibits the recognition of same-sex marriages, based on the law that says "only a marriage between a man and a woman is valid in this state," reported the Baltimore Sun.

The union argued that Maryland common law principles "recognize out-of-state marriage provided the marriage is valid in the jurisdiction where it took place," as the arbitrator described the case.

The arbitrator agreed with the union, holding that the recognition of same-sex marriages conducted in states where they are legal is "not against the public policy of the State of Maryland." Tuesday's ruling means that the county must provide health benefits to the women whom they each married out of state during the summer of 2009.

"I'm very happy and my family is very happy," said Selby, 47, who works on patrol in the Essex precinct and has been with the department for 10 years. "I just want the same benefits that are provided to other married couples in the department."

Ballard, 32, a patrol officer in the Franklin precinct who joined the force in 2000, said she was looking forward to "being able to take care of my family, and not be worried about things I was worried about before. I appreciate that I can be treated fairly," said Ballard. "I was optimistic that equality would prevail."

Baltimore Sun

Donald I. Mohler III, a spokesman for Baltimore County, said the county has the right to appeal the decision, but could not say if the county's lawyers would advise that.

The critically acclaimed play, “Almost, Maine,” written by playwright John Cariani, depicts characters falling in and out of love through a series of vignettes.

In "They Fell," the scene at issue, two young men, who are longtime friends, compare notes about disastrous dates with women and come to realize that they are attracted to each other. The two make no physical contact and use no graphic language.

According to the students, the production was approaching final rehearsals when the faculty adviser at Bel Air High School took the play to the administration asking that the particular scene be reviewed for "appropriateness."

When the school's administrators told the drama club to cut that scene, they immediately took the decision to the American Civil Liberties Union and petitioned ACLU officials for their assistance.

"Cutting the scene was definitely censorship, it repressed creativity," Junior Julia Streett, president of the Bel Air High School's Gay Straight Alliance, and who is involved with the show's production, told The Baltimore Sun on Friday.

Deborah A. Jeon, ACLU Maryland's legal director, wrote school officials Wednesday demanding that the scene be restored to the production. Jeon cautioned them their decision violated the students' right to free speech.

"It is the only portrayal of same-sex love in the play; it is also the only portion of the play the drama club was required to remove. The decision to censor the play to eliminate representation of same-sex love and gay identity is unlawful and we demand that the decision be reversed," she wrote.

The Hartford County Maryland School Board reversed the decision Friday, and the play will open on schedule Nov. 10.

“I'm glad the school board has come to a reasonable decision and that we get to perform the play as it was intended to be," said Streett, reacting to the decision. "There didn’t need to be a big and crazy controversy, since portrayal of a same-sex relationship is a part of life and no one should be discriminated against just because of their sexual orientation."

The Democratic Governor on Monday released a video in which he called for balancing religious freedom with the freedom to marry.

“As a free and diverse people of many different faiths, we choose to be governed under the law by certain fundamental principles, among them, equal protection of the law for every individual and the free exercise of religion without government intervention,” O’Malley says in the video.

“The legislation we plan to introduce in the 2012 legislative session will protect religious freedom and equality of marital rights under the law,” he said.

Watch:

O’Malley has said he wants marriage equality legislation approved in the Maryland legislature’s 2012 session, and that he would make it a priority of his administration.

The Governor told reporters in July that he would borrow elements of the strategy used by New York Gov. Andrew Cuomo (D) and marriage equality supporters in the Empire State to sponsor and pass a marriage equality bill in the session that begins in January.

O’Malley's appearance marks the first advert sponsored by "Marylanders for Marriage Equality," a coalition of groups working to pass the legislation.

Teonna Monae Brown

Teonna Monae Brown, 19, pleaded guilty last month to first-degree assault and a hate crime in the beating of Chrissy Lee Polis, 22. The April attack drew national attention after a video went viral online, and it became a rallying point for transgender-rights advocates.

Brown, who tearfully apologized in court Tuesday, was sentenced to 10 years in prison, with five years suspended, plus three years of supervised probation, as prosecutors sought. The maximum sentence for the crimes is 35 years.

Baltimore Sun

Polis was attacked on when she got into a confrontation with Brown and another female patron over use of the women’s restroom.

The second suspect, a 14-year-old who was charged as a juvenile in the same attack, admitted her role in juvenile court on July 1 and was committed to a locked facility, according to Baltimore County State’s Attorney Scott Shellenberger.

"The whole incident is unfortunate and demonstrates the lack of knowledge and understanding, and discrimination against transgender people," said Patrick Wojahn, board president of Equality Maryland. "If anything, five years may have been too short of an amount of time for the attack and the amount of hatred that was shown in the incident."

Francesca Volturo

Martin O'Malley

And in a display of unity with LGBTQ Marylanders, O'Malley on Wednesday evening co-hosted a fundraiser in suburban Washington, benefiting Equality Maryland.

Raquell Guillory, the Governor's Director of Communications, said the event would be “the first of many” in which O'Malley plans to build support for marriage equality legislation, which passed the state Senate in the 2011 legislative session, but was shelved in the House of Delegates because of lack of votes.

The governor, who said he would sign the bill, was criticized at the time for not being vocal enough in his support.

Lisa M. Polyak, acting president of Equality Maryland, told LGBTQ Nation that O'Malley's unconditional support for same-sex marriage in Maryland was critical, and that the advocacy group was grateful for the governor's support.

On July 22, O'Malley said he was prepared to lead a more aggressive campaign to pass a measure legalizing same-sex marriage. O’Malley said that his inspiration was the successful negotiations and maneuvering by New York Gov. Andrew Cuomo and New York state legislators to get past legislative hurdles.

"Marylanders of all walks of life want their children to live in a loving, stable, committed home – protected under the law. As a free and diverse people of many faiths, we choose to be governed under the law by certain fundamental principles or beliefs, among them equal protection of the law for every individual and the “free exercise” of religion without government intervention," said O'Malley.

"Other states have found a way to protect both these rights. So should Maryland. The legislation we plan to introduce in the 2012 legislative session will protect religious freedom and equality of marital rights under the law."

Wednesday night's fundraiser was attended by leading Democrats, some of whom are thought to be potential candidates for Maryland's 2014 gubernatorial race, including state Attorney General Douglas F. Gansler, Lieutenant Gov. Anthony G. Brown, State Comptroller Peter Franchot and Howard County Executive Ken Ulman.

In May, Equality Maryland had announced it was suffering a financial crisis, leading to the resignation of its Executive Director, and the layoff of nearly all of its staff. In an e-mail Tuesday, board members announced that the organization had reached “a place of stability and confidence in our future.”

According to the statement, Equality Maryland emerged from the month of August debt-free for the first time, and with resources to meet its operating expenses for the next two months.

Speaking with LGBTQ Nation, Polyak emphasized that the organization's goal was total accountability to the community, and said the organization plans to seat almost a dozen new board members by the end of September.

The selection of a new executive director of Equality Maryland is expected to be announced in October.

Teonna Monae Brown

A 19-year-old woman whose beating of a transgender woman at a Baltimore-area McDonald's earlier this year, has pleaded to the attack.

Teonna Monae Brown pleaded guilty in a Baltimore County courtroom to one court of first-degree assault and one count of a hate crime in the attack on Chrissy Polis, 22, according to Baltimore County State's Attorney Scott Shellenberger.

The beating on Monday, April 18, resulted when Polis got into a confrontation with Brown and a minor female patron after refusing to leave the women’s restroom.

The attack was videotaped and went viral online, with hundreds of thousands of views on numerous websites.

The video (below) shows Polis being kicked and punched in the head by Brown and the minor girl until she appears to have a seizure. While one employee and a patron try to intervene, others can be seen standing and watching, and some are laughing.

Warning: The video here is extreme violent:

Prosecutors said they will seek a prison term of five years when Brown is sentenced in September, reported the Baltimore Sun.

The girl who was charged as a juvenile in the same attack admitted her role in juvenile court on July 1 and was committed to a locked facility, Shellenberger said.

Martin O'Malley

The Governor told reporters at a press conference that he would borrow elements of the strategy used by New York Gov. Andrew Cuomo (D) and marriage equality supporters in the Empire State to sponsor and pass a gay marriage bill when the Maryland Assembly's upcoming 2012 legislative session begins next January.

O'Malley said that his inspiration was the successful negotiations and maneuvering by Cuomo and New York legislators to get past legislative hurdles.

“I think every state tries to learn -- I think we all try to learn from one another, I’m sure there were things that they learned from our inability to get this done," O'Malley said. "And similarly we will learn from what they did.”

During his 2010 reelection campaign for governor, O'Malley told constituents that he would work to enact marriage equality while in office.

After a narrow losing fight in the Maryland House of Delegates when the marriage equality legislation was withdrawn, he said this next round means a more central role for the governor.

“What can we try differently that we haven’t already done in order to get this passed,” he said. “We thought the right approach last time was to allow a less partisan space to resonate around the issue.”

A key Republican supporter of the efforts that failed to pass that measure has said that he believed Republicans could provide needed crucial votes, but only if O’Malley invested his political capital in courting conservatives and protecting Republicans who would vote for the bill.

In the legislative victory in New York, Cuomo lobbied Republican legislators, many of whom were privately torn over societal and religious implications of legalizing same-sex marriage.

Those same law makers were also threatened politically by influential players within the GOP- particularly the leaders of the state’s Conservative Party, along with considerable outside pressure brought to bear by anti-gay special interest groups such as the National Organization for Marriage, Focus on The Family and the Family Research Council.

Ultimately, Cuomo’s alliance with key Republican donors, and his own personal popularity, helped insulate Republicans from political pressure. The strength of the religious protections added as a compromise in the final version of the New York bill were the decisive factor to help passage.

Maryland’s gay rights groups, for their part, are consolidating under a new banner as well, another key feature of the Cuomo approach in New York. They’ve also joined forces with labor unions, who can provide manpower and an out-of-the-box organizing apparatus, and sympathetic religious organizations. A similar collaboration proved the difference in New York, where the campaign for same-sex marriage marriage had previously been characterized by power struggles and infighting.

Because Maryland’s legislature only meets for three months a year, the next opportunity to push for same-sex marriage legislation will come in January, just as the 2012 presidential election ramps up. President Obama has carefully avoided taking a firm position on the question of same-sex marriage, subtly indicating his support to influential gay rights groups while keeping a safe distance from the issue in public appearances so as not to alienate moderate or culturally conservative voter.

via PBS

Late today Equality Maryland, the state's leading LGBTQ advocacy group who had helped lead the efforts in the 2011 legislative session, in a press release, said, "Like the majority of Marylanders, the Governor recognizes that marriage equality will only serve to strengthen all Maryland families. We look forward to celebrating with him on the day that all loving and committed couples have equal access to the protections and rights of civil marriage in our state."