Washington: Referendum 74 Final Language Set

You may recall that previously I commented about the draft language of Washington's Referendum 74, a ballot measure which seeks to overturn that state's recently enacted marriage equality law. The heterosexual supremacist Republican Attorney General Rob McKenna (who just happens to be running for Governor) had issued language which included the homophobic concept of "redefine marriage."

Happily, that original draft language was challenged and today new language was released which is more neutral:

Ballot TitleThe legislature passed Engrossed Substitute Senate Bill 6239 concerning marriage for same-sex couples, modified domestic-partnership law, and religious freedom, and voters have filed a sufficient referendum petition on this bill. [10 words]
This bill would allow same-sex couples to marry, preserve domestic partnerships only for seniors, and preserve the right of clergy or religious organizations to refuse to perform, recognize, or accommodate any marriage ceremony. [30 words]
Ballot Measure SummaryThis bill allows same-sex couples to marry, applies marriage laws without regard to gender, and specifies that laws using gender-specific terms like husband and wife include same-sex spouses. After 2014, existing domestic partnerships are converted to marriages, except for seniors. It preserves the right of clergy or religious organizations to refuse to perform or recognize any marriage or accommodate wedding ceremonies. The bill does not affect licensing of religious organizations providing adoption, foster-care, or child-placement. [75 words]

This referendum will be one of four ballot measures involving marriage equality in November 2012. In Maine, Washington and Maryland if the voters vote YES (or APPROVE) they will be legalizing marriage equality. If they vote No they will be returning to the status quo (which is no marriage equality in those states, but comprehensive domestic partnerships in Washington). In Minnesota if the voters vote YES they will insert a ban on marriage equality in the state constitution while if they vote NO same-sex marriage will continue to be banned by statute.

O'Malley Signs Maryland Marriage Equality Bill!

Democratic Governor Martin O'Malley signed Maryland's marriage equality bill into law on Thursday February 29th, making his state the 8th state in the country to currently have a same-sex marriage law on the books. However, since the bill will not go into effect until January 1, 2013, there will be no actual marriages in Maryland until a November 2012 referendum on the law is resolved.

Heterosexual supremacists have already announced that they intend to place the question on the ballot, and thus have until July 1, 2012 to collect 55,736 signatures and must also submit at least one third of that amount, 18,579 by June 1, 2012.

But February 29th was all about celebrating a long journey to have Maryland join the other states in the Union which have ended illegal gender discrimination in civil marriage (Massachusetts, Connecticut, Vermont, Iowa, New York, New Hampshire and Washington). Governor O'Malley himself used to oppose marriage equality and only supported civil unions but has since moved enthusiastically into the pro-marriage equality camp and demonstrate that by his willingness to sign the bill in front of television cameras and then open the Governor's mansion for a celebration afterwards.



Maryland is the third state legislature to pass a marriage equality bill in 2012 (following Washington State on February 8, 2012 and New Jersey on February 17, 2012) with the two Democratic Governors (like Chris Gregoire in Washington and O'Malley in Maryland signing the bills into law, both of which will be faced with referendum campaigns to annull these measures at the ballot box. In New Jersey, Republican Governor Chris Christie vetoed his state's marriage equality bill, but said he would have signed it into law if it included a referendum provision, which is anathema to Democratic legislators and LGBT activists in New Jersey.

Congratulations to Maryland! Now let's make sure same-sex couples will have the right to protect their families with all the responsibilities and privileges of civil marriage starting in January 2013 by defeating any campaign to prevent the bill from going into effect.

MD: Senate Passes Marriage Equality Bill 25-22!

Woo hoo! The Maryland State Senate completed work on  HB 438, the Civil Marriage Protection Act, by passing the legislation on a 25-22 vote, sending the measure to Democratic Governor Martin O'Malley who has promised to sign it into law.

NGLTF's Executive Director Rea Carey made a statement:

“Maryland and marriage equality will certainly make a lovely couple. Maryland is the Free State, after all. To be able to share and celebrate one's love and commitment both publicly and legally is a lifelong dream for thousands of same-sex couples and their families. It’s thrilling that Maryland is poised to make this a reality by becoming the latest state to treat its families fairly. This has been a long journey of changing hearts and minds, of breaking down walls, of shining a spotlight on our common humanity. Congratulations to Equality Maryland, Marylanders for Marriage Equality and all those who have been part of the journey leading to this victory.”

By this action Maryland will likely become the 8th state to legalize marriage equality. However, as I noted earlier in a blog post, it is not clear if the law will actually go into effect January 1, 2013 due to the referendum process in Maryland.

Heterosexual supremacists have until May 31st to gather 55,736 signatures to put the measure up for a vote on the November 6, 2012 ballot. Whether same-sex couples will be able to get married will depend on the outcome of the vote.

Maryland House Passes Marriage Equality 71-67!

Maryland Governor Martin O'Malley (D)

On the same day (within hours actually) that Republican Governor Chris Christie joined the wrong side of history by vetoing marriage equality legislation passed by the New Jersey legislature the day before, Democratic Governor Martin O'Malley showed the potency of his political capital with the 71-67 passage of a marriage equality bill in the Maryland House of Delegates.

Just one year ago, the Maryland House of Delegates had failed to even vote on a marriage equality bill after it passed the Maryland State Senate. During that vote, it revealed a lack of political will, even among allegedly progressive politicians like Sam Arora who had campaigned on their support for marriage equality then changed their minds when the vote became a reality.

The news today that Republican politicians like the karmically challenged Ken Mehlman and even the odious Dick Cheney were lobbying legislators in favor of the marriage equality legislation while Sam Arora was refusing to take a public stand roiled the LGBT blogosphere.

Governor O'Malley released a statement:

“Today, the House of Delegates voted for human dignity. Speaker Busch and his fellow Delegates deserve a lot of credit for their hard work. At its heart, their vote was a vote for Maryland’s children….Now, as the Senate prepares to vote, all of us are needed – and we’re prepared to redouble our efforts. The common thread 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. Love is an unalienable right.”

As for Arora? He voted no (again). There are numerous people, yours truly included, who have a decided interest in making sure that his vote today against equality for all (after being personally lobbied by phone to vote yes by Bill Clinton, Governor O'Malley and Terry Mcauliffe) was a career-ending decision.

The bill is expected to pass the State Senate fairly quickly and be enthusiastically signed into law by Governor O'Malley, who becomes another 2016 Democratic presidential contender and sitting Governor who fought for marriage equality in his state (following in the footsteps of New York governor Andrew Cuomo and Washington governor Chris Gregoire). Only New York will definitely have marriage in 2013, because there is no practical process by which the state's marriage equality law can be challenged by referendum.

It also means that the 2012 elections will have three affirmative marriage equality ballot fights (if we win then same-sex couples can get married) in Maryland, Washington and Maine and two defensive marriage equality ballot fights (if we lose then marriage equality is banned at the state constitutional level) in North Carolina and Minnesota. Interestingly, all 5 states are considered "blue" (Democratic) states likely to cast their votes for President Barack Obama.

A serious question will need to be asked: do you spend more money on defense (North Carolina and Minnesota) or on offense (Washington, Maryland and Maine)? Plus there's the possible election of Tammy Baldwin as the first openly LGBT member of the United States Senate from Wisconsin.

It's definitely going to be an interesting election year!

WA: Gov. Gregoire Signs Marriage Equality Bill!

As promised, Democratic Governor Chris Gregoire of Washington, signed the marriage equality bill into law today which was passed by the legislature last week. The bill will not go into effect until June 7th at the earliest, and with her signature today opponents now have the opportunity to collect 120, 557 signatures by that date to place a referendum on the enactment of SB 6239 on the November 2012 ballot. The referendum process prevents the law from going into effect unless and until the referendum is approved by the voters. If you're feeling a sense of déjà vu you are not alone. In 2009, Washington State enacted a comprehensive domestic partnership statute (which on the east coast they call "civil union" or an "everything but the title marriage" law) that became subject to a referendum, Referendum 71.

The ballot measure was later approved by voters and went into effect on December 7, 2009. However, since we all know that separate but equal does not work, Washington marriage equality advocates continued to work for full equality and now have convinced the Legislature and Governor to enact a marriage equality bill. It is quite likely that Evergreen State voters will again approve of equality for same-sex couples and become the first state to enact marriage equality at the ballot box in the process.

If so, Washington will join Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, District of Columbia and New York as granting equal marriage rights to same-sex and opposite-sex couples.

MAP: State(s) of Same-sex Marriage, circa 2012

Hat/tip to Andrew Sullivan

POLL: Majority of Maryland Supports Marriage Equalty

The Washington Post published a poll on Tuesday which demonstrates the inexorable growth in the support for marriage equality in the state of marriage, indicating that it has reached majority support for the first time. 50% of respondents support marriage equality compared to 44% which oppose it.

The new poll found a sharp divide among Maryland Democrats based on race. Among whites, 71 percent support same-sex marriage, while 24 percent do not. Among blacks, 41 percent are supportive, while 53 percent are opposed. Maryland has the largest percentage of African Americans of any state outside of the Deep South.

[...]

The poll found that nearly three-quarters of those opposed to gay nuptials say their views stem primarily from their religious beliefs — a factor that makes lobbying on the issue more challenging.

By contrast, only 5 percent of same-sex marriage supporters say their views are largely shaped by religious beliefs. 

[...]

The Post poll found that among adult residents younger than 40, support for same-sex marriage is 63 percent, with 33 percent opposed. Among those 40 and older, 42 percent are in favor, while 51 percent are opposed.

Note that phrase again: 74% of people who oppose providing civil marriage licenses to same-sex couples cite their religious beliefs as a reason for their opposition. What part of civil marriage do they not understand? Just because someone has a marriage which your religion does not support or sanction is no reason to impose your religious beliefs in an area of public policy which applies to everyone. Civil marriages  are completely separate from church (mosque/temple) weddings!

It is so mind-boggling to me that religious people never think that they could be discriminated against because of their religious beliefs but they have no qualms about discriminating against other people who do NOT share their religious beliefs. Have they never heard of the golden rule (do unto others as they would do unto you)?

O Flying Spaghetti Monster, this just makes me so happy that I'm an atheist!

WA: Majority Of Senators Support Marriage Equality

Excellent news! In Washington State, there is now a majority of Senators who have publicly announced their support for pending marriage equality legislation.

According to the Seattle Times ("Legislature has the votes"):

Sen. Mary Margaret Haugen, D-Camano Island, announced Monday that she supports gay-marriage legislation in the Senate, giving proponents the 25 votes needed for passage.

The state House already has enough lawmakers in support of the measure to approve it. Gov. Chris Gregoire backs the bill as well.

[...]

"I know this announcement makes me the so-called 25th vote, the vote that ensures passage. That's neither here nor there. If I were the first or the seventh or the 28th vote, my position would not be any different," Haugen said in a statement.

"I happen to be the 25th because I insisted on taking this much time to hear from my constituents and to sort it out for myself, to reconcile my religious beliefs with my beliefs as an American, as a legislator, and as a wife and mother who cannot deny to others the joys and benefits I enjoy," she added. Haugen said her preference would be to send the issue to voters to decide, but there aren't the votes in the Legislature to do that.

It is widely expected that the same heterosexual supremacists who forced a referendum in 2009 on Washington's comprehensive domestic partnership bill (which they lost!) will do so again when Governor Gregoire signs the marriage equality bill into law.

The legislative majority correctly is refusing to include a ballot measure provision in the legislation because marriage equality is a civil right and they are supporting the  principle that the rights of a minority should not be decided by a majority vote.

In other exciting marriage news, the Democratic Governor of Maryland, Martin O'Malley is expected to introduce a marriage equality bill today.

Hat/tip to Joe.My.God.

WA: New Poll Shows Support For Marriage Equality

LGBT Think Progress reports about a new poll in Washington state which demonstrates that marriage equality supporters may have more terrain to play offense on next year. 

Of voters surveyed, 55 percent indicated they would uphold a Legislature-approved same-sex marriage law if it were challenged by referendum. The poll found 38 percent would oppose the law and 7 percent were undecided.

However, additional questions in the poll found that 44 percent of voters surveyed said gays and lesbians should have the same legal right as straight couples to marry; and 22 percent said they should have the same legal rights as married couples, but it should not be called marriage.

Seventeen percent said there should be no legal recognition of gay and lesbian couples. The wide-ranging poll touched on several other issues, including the state budget shortfall.

The Washington Poll surveyed 938 registered voters statewide from Oct. 10-30. It has a plus or minus 3.2 percentage points margin of error.

There are anti-gay marriage ballot measures qualified for the 2012 election in Minnesota and North Carolina.

There are likely to be pro-gay marriages ballot measures in Maine, Maryland, Washington and possibly Oregon.

I predict that there will be more Americans living under marriage equality laws at he end of 2012 than at the end of 2011.

Maryland Poll Shows Close Split On Marriage Equality

A recent poll of Marylanders shows that they are closely split on whether marriage equality should be the law of the Free State.

The Washington Post reports on the new poll:

The Gonzales poll found 48 percent of Marylanders who vote regularly favor a law allowing same-sex marriages, while 49 percent of that population are against allowing same-sex marriages.

There is a notable difference based on race. Fifty-one percent of white voters approve, compared to 41 percent of African-American voters. Meanwhile, 46 percent of white voters disapprove, compared to 59 percent of African Americans.

The opinion of voters could become particularly relevant if a same-sex marriage bill passes this session.

Opponents have vowed to take advantage of a provision in the state Constitution that allows citizens to petition just-passed laws to the ballot. With enough signatures, same-sex marriage would be subject to a statewide vote in November 2012.

This poll just goes to show tat just enacting a marriage equality law in Maryland will be less than half the battle, making sure that there is popular support for the measure, and that it goes into effect before a ballot battle is even more important. As things stand now, the good guys would lose the marriage equality battle at the ballot box in Maryland.

Sen. Mikulski Tweets DOMA Repeal Support

Closeted United States Senator Barbara Mikulski (D-Maryland) was previously the subject of a petition campaign to get her support for the Repeal for Marriage Act, federal legislation which would repeal the so-called Defense of Marriage Act, has announced (via Facebook and Twitter) that she will indeed sign on to S. 598.

The Washington Blade reports:

In a statement provided to the Washington Blade via e-mail, Mikulski confirmed she’s a co-sponsor of the legislation.

“I am proud to co-sponsor legislation to repeal key provisions of the Defense of Marriage Act,” Mikulski said. “I believe all Americans are entitled to equal protection under the law and all of our citizens deserve to be treated with dignity and respect.”

She continued, “The Respect for Marriage Act, S.598, will allow couples who have a legal marriage in a state to have the same federal protections as every other married couple. This includes the right to receive spousal benefits under Social Security; to file joint federal tax returns and to take leave under the Family and Medical Leave Act when a spouse falls seriously ill.”

Mikulski’s support brings the total number of co-sponsors for the Respect for Marriage Act to 30. In July, the Senate Judiciary Committee held a hearing on the repeal legislation and how DOMA, which prohibits federal recognition of same-sex marriage, burdens gay couples.

Last month, a coalition of LGBT rights groups — Freedom to Marry, the Courage Campaign and Equality Maryland — delivered a petition with names from nearly 3,000 Maryland residents to Mikulski’s office calling on her to support DOMA repeal.

Hat/tip to TowleRoad.

Celebrity Friday: Barbara Mikulski Avoiding DOMA Repeal?

U.S. Senator Barbara Mikulski, Democrat of Maryland, is the
second-longest serving woman in Congress in history

As support for legislative repeal of the so-called Defense of Marriage Act gains steam with hearings being held in the United States Senate Judiciary Committee, attention has begun to fall on liberal members of the Democratic caucus who have inexplicably not yet co-sponsored the Respect for Marriage Act (S. 598/H.R. 1116). For example, in Maryland where marriage equality supporters are expected to move forward with another attempt to legalize marriage equality in 2012 with the strong support of the state's Governor after 2011's heartbreaking defeat, only one of that state's two Democratic U.S. Senators is on record in support of the Respect for Marriage Act or marriage equality itself.There are currently 18 US Senators who support marriage equality and there are 28 U.S. Senators co-sponsoring the DOMA repeal bill.

It's a perfectly reasonable position to be against DOMA (which even in 1996 was a truly shocking federal intrusion into an area of law ceded to the states for hundreds of years rooted in animus towards homosexuality) without publicly endorsing marriage equality, that's the current position of the President of the United States.

What's so surprising is that the Senator from Maryland who is supporting DOMA repeal is Benjamin Cardin, not Barbara Mikulski. Mikulski is a longtime liberal and is currently the longest serving female member of Congress. If she is still in office after March 12, 2012 she will become the longest serving female member of Congress of all time. She has also been widely rumored to be a closeted lesbian for decades. Regardless of what her sexual orientation, it is becoming unacceptable for prominent members of the Democratic party, especially someone as senior as Mikulski not to take a position in favor of marriage equality, especially when it is an important issue for her state and there is federal legislation pending before the United States Senate right now.