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.

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!

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

Hat/tip to Andrew Sullivan

Text of Anti-Gay North Carolina Ballot Measure

Below is the text of a constitutional amendment passed by the North Carolina legislature this week which purports to "protect marriage" by declaring that only  "marriage between one man and one woman is the only domestic legal union that shall be valid or recognized" in the State of North Carolina. The intent is similar to the odious (and unconstitutional) Proposition 8 in California and the still-to-be-voted on Minnesota amendment but the legislative language "domestic legal union" is novel. It will definitely ban any state recognition of marriage between same-sex couples and civil unions but it's not clear if it would ban the enactment of a limited statewide domestic partnership statute.NC Anti-Gay Constitutional Amendment