same-sex marriage in Maryland

File:Maryland State House3.jpg, the meeting place of the Maryland General Assembly in Annapolis]]

Maryland holds a unique place in the history of same-sex marriage in the United States.{{cite news|last=Smith|first=Van|title=Inside the Crusade to Kill Maryland's New Marriage-Equality Law|url=http://citypaper.com/news/holy-war-1.1382045|access-date=March 8, 2013|newspaper=Baltimore City Paper|date=October 3, 2013|archive-url=https://web.archive.org/web/20121113100042/http://citypaper.com/news/holy-war-1.1382045|archive-date=2012-11-13|url-status=dead}} In 1973, it became the first U.S. state in the nation to define marriage as "a union between a man and a woman", expressly banning same-sex marriage.{{cite web |url=http://www.freedomtomarry.org/pages/history-and-timeline-of-marriage |title=History and Timeline of the Freedom to Marry in the United States |publisher=freedomtomarry.org |access-date=March 7, 2013 |archive-url=https://web.archive.org/web/20130912035547/http://www.freedomtomarry.org/pages/history-and-timeline-of-marriage |archive-date=2013-09-12 |url-status=dead }}{{cite web| url=http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gfl§ion=2-201&ext=html&session=2012RS&tab=subject5| title=Maryland Code, Family Law §2-201 (1973-2013)|publisher=mgaleg.maryland.gov|access-date=March 7, 2013}} The Maryland General Assembly passed the law a short time after voters in the state ratified Article 46 of the Maryland Declaration of Rights, commonly referred to as the Equal Rights Amendment, in November 1972.{{cite web|last=Murdock|first=Judge M. Brooke|title=Deane v. Conaway, 24-C-04-005390 (2006)|url=http://www.baltocts.state.md.us/civil/highlighted_trials/Memorandum.pdf| publisher=state.md.us|access-date=March 8, 2013|page=2}} The constitutional provision prohibited discrimination in equality of rights on the basis of sex.{{cite web|title=Declaration of Rights| url=http://msa.maryland.gov/msa/mdmanual/43const/html/00dec.html|publisher=msa.maryland.gov|access-date=March 8, 2013}} In 1975, a marriage license was issued to two women, Michele Bernadette Bush and Paulette Camille Hill, in Montgomery County. Although the county clerk had issued the license and Attorney General Francis B. Burch had published an opinion that county officials could not challenge the validity of the marriage, the license was later revoked.{{cite web|url=https://buddybuddy.com/t-line-1.html|title=Legal Marriage Court Cases — A Timeline|website=www.buddybuddy.com|accessdate=August 7, 2022}}

During the 1990s, attempts to both ban and legalize same-sex marriage did not pass through the General Assembly.{{cite news|title=Death of a Gay-Marriage Ban|url=https://books.google.com/books?id=SGQEAAAAMBAJ&q=gay+marriage+1997+maryland&pg=PT17|access-date=March 8, 2013|newspaper=The Advocate|date=April 29, 1997}}{{cite web|url=http://mgaleg.maryland.gov/webmga/frmMain.aspx?tab=subject3&ys=1997rs/billfile/hb0609.htm|title=House Bill 609 (1997) |publisher=mgaleg.maryland.gov|date=December 1, 1997|access-date=March 8, 2013}}{{cite web| url=http://mgaleg.maryland.gov/webmga/frmMain.aspx?tab=subject3&ys=1997rs/billfile/hb0398.htm|title=House Bill 398 (1997) |publisher=mgaleg.maryland.gov|date=December 1, 1997|access-date=March 8, 2013}} After a committee in the Maryland House of Delegates voted in March 2004 to reject a pair of marriage bills that would have submitted a constitutional amendment against same-sex marriage to voters and invalidated same-sex marriages performed in another state or foreign country, the American Civil Liberties Union (ACLU) and Equality Maryland filed a lawsuit, Deane & Polyak v. Conaway,{{cite news|last=Langfitt|first=Frank|title=Lawsuit challenges state law barring same-sex marriage|url=https://www.baltimoresun.com/2004/07/08/lawsuit-challenges-state-law-barring-same-sex-marriage/|access-date=March 8, 2013|newspaper=Baltimore Sun|date=July 8, 2004|archive-date=June 22, 2013|archive-url=https://web.archive.org/web/20130622054402/http://articles.baltimoresun.com/2004-07-08/news/0407080065_1_same-sex-marriage-marriage-licenses-gay-marriage|url-status=live}} to challenge the existing law on behalf of nine same-sex couples and one bereaved man whose partner had died.{{cite web|url=https://www.aclu.org/lgbt-rights-hiv-aids/deane-polyak-v-conaway-about-plaintiffs|title=About the Plaintiffs|publisher=aclu.org|access-date=March 8, 2013}} The lead plaintiffs, from whom the case received its name, were Gita Deane, a learning specialist at Goucher College, and her partner Lisa Polyak, an environmental engineer for the U.S. Army Medical Department.{{cite web |date=October 26, 2006 |title="The Struggle for Equality in Maryland" Examines Campaign to Legalize Same-Sex Marriage |url=https://blogs.goucher.edu/digitallibrary/ |url-status=dead |archive-url=https://web.archive.org/web/20150505210158/https://www.goucher.edu/news-and-events/bglad-event |archive-date=May 5, 2015 |access-date=January 24, 2013 |publisher=goucher.edu}} The plaintiffs had applied for marriage licenses in several different counties but were denied by county clerks.{{cite web|url=https://www.aclu.org/files/FilesPDFs/deane%20polyak%20complaint.pdf |title=Complaint: Deane & Polyak v. Conaway |year=2004 |access-date=March 8, 2013}}{{cite web|url=https://www.aclu.org/lgbt-rights/deane-polyak-v-conaway-case-profile |title=Case Profile: Deane & Polyak v. Conaway |publisher=aclu.org |date=January 1, 2008|access-date=March 8, 2013}} In their complaint, the plaintiffs argued that the state's statutory ban on same-sex marriage violated constitutional protections of due process, equality, and prohibitions against sex discrimination in Articles 24 and 46 of the Maryland Declaration of Rights.

In January 2006, Baltimore Circuit Court Judge M. Brooke Murdock granted summary judgment to the plaintiffs,{{cite news |url=https://www.nytimes.com/2006/01/21/national/21marriage.html |title=Maryland Judge Voids Ban on Same-Sex Marriage; State Quickly Appeals |access-date=February 21, 2012 |last=Liptak |first=Adam |date=January 21, 2006 |work=The New York Times}} writing that "Family law §2-201 violates Article 46 of the Maryland Declaration of Rights because it discriminates, based on gender against a suspect class, and is not narrowly tailored to serve any compelling governmental interests." She added that "tradition and social values alone cannot support adequately a discriminatory statutory classification",{{cite web|last=Murdock|first=Judge M. Brooke|title=Deane v. Conaway, 24-C-04-005390 (2006)|url=http://www.baltocts.state.md.us/civil/highlighted_trials/Memorandum.pdf| publisher=state.md.us|access-date=March 8, 2013|page=18}} because "when tradition is the guise under which prejudice or animosity hides, it is not a legitimate state interest."{{cite web|last=Murdock|first=Judge M. Brooke|title=Deane v. Conaway, 24-C-04-005390 (2006)|url=http://www.baltocts.state.md.us/civil/highlighted_trials/Memorandum.pdf| publisher=state.md.us|access-date=March 8, 2013|page=19}} The judge immediately stayed the decision pending an appeal by the Attorney General of Maryland, J. Joseph Curran Jr., which occurred later that day.{{cite news|title=Judge strikes down Maryland anti-gay marriage ban|url=http://btl-news.com/article.html?article=17301|access-date=March 8, 2013|newspaper=Associated Press via btl-news.com|date=January 26, 2006|archive-date=October 20, 2014|archive-url=https://web.archive.org/web/20141020200203/http://btl-news.com/article.html?article=17301|url-status=dead}}

While the decision was favored by the plaintiffs, gay rights groups and their supporters, including more than 100 religious leaders and child welfare advocates across the state who filed amicus briefs,{{cite news|last=Jordan|first=Phyllis| title=Same-Sex Marriage: Good for Kids?|url=http://voices.washingtonpost.com/annapolis/2006/12/post_13.html|archive-url=https://web.archive.org/web/20120908061046/http://voices.washingtonpost.com/annapolis/2006/12/post_13.html|url-status=dead|archive-date=September 8, 2012|access-date=March 8, 2013|newspaper=The Washington Post|date=December 1, 2006}} other local religious leaders and evangelical ministers were upset by the decision and looked to state legislators to propose a constitutional ban on same-sex marriage.{{cite web|last=Kwon|first=Lillian|title=Constitutional Ban on Gay Marriage Picks Up Heat in Maryland|url=http://global.christianpost.com/news/constitutional-ban-on-gay-marriage-picks-up-heat-in-maryland-21720/|work=The Christian Post|publisher=christianpost.com|access-date=March 8, 2013|archive-date=May 2, 2014|archive-url=https://web.archive.org/web/20140502033340/http://global.christianpost.com/news/constitutional-ban-on-gay-marriage-picks-up-heat-in-maryland-21720/|url-status=dead}} Such an amendment was favored by Governor Bob Ehrlich who said "my politics on this are very clear. We're going to protect marriage. Traditional marriage."{{cite news|last=Mosk|first=Matthew|title=Democrats in Md. Try to Limit Fallout Of Gay Union Case| url=https://www.washingtonpost.com/wp-dyn/content/article/2006/01/24/AR2006012401693.html|access-date=March 8, 2013|newspaper=The Washington Post|date=January 25, 2006}} In February 2006, the proposed ban was rejected after opponents successfully amended it to legalize civil unions.{{cite news |url=https://pqasb.pqarchiver.com/baltsun/access/980752721.html?dids=980752721:980752721&FMT=ABS&FMTS=ABS:FT&type=current&date=Feb+3%2C+2006&author=KELLY+BREWINGTON&pub=The+Sun&desc=Marriage+measure+rejected+ |title=Marriage measure rejected |access-date=January 25, 2008 |last=Brewington |first=Kelly |date=February 3, 2006 |work=Baltimore Sun |archive-date=January 11, 2012 |archive-url=https://web.archive.org/web/20120111191433/http://pqasb.pqarchiver.com/baltsun/access/980752721.html?dids=980752721:980752721&FMT=ABS&FMTS=ABS:FT&type=current&date=Feb+3%2C+2006&author=KELLY+BREWINGTON&pub=The+Sun&desc=Marriage+measure+rejected+ |url-status=dead }}{{cite web|url=http://mgaleg.maryland.gov/webmga/frmMain.aspx?tab=subject3&ys=2006rs/billfile/hb0048.htm|title=House Bill 48 (2006)| publisher=mgaleg.maryland.gov|date=June 6, 2006 |access-date=November 4, 2012}} Consequently, Delegate Don Dwyer introduced a resolution to impeach Judge Murdock in 2006, alleging "misbehavior in office, [willful] neglect of duty, and incompetency" for her trial court decision.{{cite web|first1=Kelly|last1=Brewington|first2=Jennifer|last2=Skalka|url=https://www.baltimoresun.com/2006/02/24/dwyer-to-push-for-judges-impeachment/|title=Dwyer to Push for Judge's Impeachment|publisher=baltimoresun.com|date=February 27, 2006|access-date=March 8, 2013|archive-date=February 18, 2011|archive-url=https://web.archive.org/web/20110218213505/http://articles.baltimoresun.com/2006-02-24/news/0602240267_1_judge-murdock-dwyer|url-status=live}} In 2007, he introduced a law that would ban discussion of same-sex unions in public schools.{{cite web|url=http://mgaleg.maryland.gov/webmga/frmMain.aspx?tab=subject3&ys=2007rs/billfile/hb0919.htm| title=House Bill 919 (2007) |publisher=mgaleg.maryland.gov|date=October 3, 2007 |access-date=March 8, 2013}}{{cite web |url=http://www.washblade.com/thelatest/thelatest.cfm?blog_id=12099 |title=Md. legislature kills same-sex marriage ban |access-date=March 8, 2013 |last=Lynsen |first=Joshua |date=March 22, 2006 |work=The Washington Blade |archive-url=https://web.archive.org/web/20070928012023/http://www.washblade.com/thelatest/thelatest.cfm?blog_id=12099 |archive-date=September 28, 2007}} One lawmaker said "It is a clear attempt to intimidate judges and to make the judiciary subservient to the legislature", and Michael Conroy, former president of the Maryland State Bar Association, said that "No basis in fact or law exists to support any suggestion to impeach Murdock for her recent decision on same-sex marriage."{{cite web |url=http://www.washblade.com/2006/3-17/news/localnews/murdock.cfm |title=Move to impeach Md. judge fails |access-date=March 8, 2013 |last=Weill-Greenberg |first=Elizabeth |date=March 17, 2006 |work=The Washington Blade |archive-url=https://web.archive.org/web/20070930201223/http://www.washblade.com/2006/3-17/news/localnews/murdock.cfm |archive-date=September 30, 2007}} David Rocah, an attorney for the ACLU, called the resolution "a frivolous, dangerous and extremist response from the lunatic fringe." Both of the measures failed to pass through committee.

The Court of Appeals, Maryland's highest court, agreed to hear the state's appeal in 2006, bypassing the intermediate court.{{cite news|last=Keen|first=Lisa|title=Marriage licensing goes before Maryland Supreme Court|url=http://www.pridesource.com/article.html?article=21545|access-date=March 8, 2013|newspaper=Associated Press via pridesource.com|date=December 7, 2006|archive-date=March 4, 2016|archive-url=https://web.archive.org/web/20160304051548/http://www.pridesource.com/article.html?article=21545|url-status=dead}} To the surprise of spectators, there were almost no questions from the judges during oral argument, which took place on December 4, 2006, causing speculation that the court may have taken the appeal just to reverse the Circuit Court ruling. On September 18, 2007, the court issued its decision in Conaway v. Deane & Polyak, overturning the trial court ruling for the plaintiffs in a 4–3 decision, and holding that the statutory ban on same-sex marriage did not violate the Maryland Constitution.

Judge Glenn T. Harrell, Jr. wrote that, because the statute equally barred both men and women from marrying partners of the same sex, it was not discriminatory on the basis of sex and thus did not violate the Equal Rights Amendment (ERA) as plaintiffs had argued.{{cite web|last=Leonard|first=Arthur|title=Divided Maryland High Court Rejects Same-Sex Marriage Claim|url=http://newyorklawschool.typepad.com/leonardlink/2007/09/divided-marylan.html|publisher=typepad.com|access-date=March 8, 2013|archive-url=https://web.archive.org/web/20100710230151/http://newyorklawschool.typepad.com/leonardlink/2007/09/divided-marylan.html|archive-date=2010-07-10|url-status=dead}}{{cite web|last=Harrell|first=Judge Glenn T.|url=http://mdcourts.gov/opinions/coa/2007/44a06.pdf |title=Conaway v. Deane, 932 A.2d 571 (2007)|date=September 18, 2007|access-date=March 8, 2013}} Judge Harrell said that the ERA was intended to prohibit sex discrimination against women and did not apply to this case, which he said was a matter of sexual orientation. Judge Lynne A. Battaglia wrote a dissenting opinion stating that the statutes and ordinances in Maryland barring discrimination based on sexual orientation, in addition to the state's lack of prohibiting adoption by same-sex couples and its recognition of same-sex couples as co-parents, support the argument that denying committed same-sex couples the full benefits and privileges of marriage is not related to any rational government interest.{{cite web|last=Harrell|first=Judge Glenn T.|url=http://mdcourts.gov/opinions/coa/2007/44a06.pdf |title=Conaway v. Deane, 932 A.2d 571 (2007)|date=September 18, 2007|access-date=March 8, 2013|page=152}} Judge Battaglia said she would have remanded the case to circuit court for a full trial in order to settle what she deemed a central factual issue: whether the state could demonstrate that it had "broad societal interest" in retaining marriage in the traditional form. The dissenting opinion from Chief Judge Robert M. Bell faulted the majority for not recognizing gay people as a suspect class in need of protection from discrimination. He dismissed the majority view that gays and lesbians are politically empowered and should not be viewed as constituting such a class.

Evan Wolfson, founder of Freedom to Marry, said that the decision was "deeply flawed" because the 4–3 majority did not answer the question of how denying marriage to same-sex couples affected the ability of heterosexual couples to procreate.{{cite web|url=http://www.windycitymediagroup.com/gay/lesbian/news/ARTICLE.php?AID=16147|title=Analysis: Md. Court Upholds Same-Sex Marriage Ban|last=Keen|first=Lisa|date=September 26, 2007|work=Windy City Times|access-date=January 1, 2013}} President of the Human Rights Campaign, Joe Solmonese, called the decision a "setback" and Ken Choe, the ACLU attorney who argued on behalf of the plaintiffs, expressed hope that, unlike the majority of the bench, the General Assembly would be able to see "that lesbian and gay couples form committed relationships and loving families just like heterosexual couples":{{cite press release|url=https://www.aclu.org/news/aclu-and-equality-maryland-denounce-4-3-decision-maryland-high-court-denying-marriage|title=ACLU and Equality Maryland Denounce 4 to 3 Decision by Maryland High Court Denying Marriage Protections for Same-Sex Couples|publisher=American Civil Liberties Union|date=September 18, 2007}}

{{blockquote|We're hopeful that, unlike the court, the legislature will see that lesbian and gay Marylanders shouldn't be barred from the hundreds of important protections that come with marriage simply because the person whom they love is a person of the same sex.}}

State Senator Richard Madaleno requested in 2009 that Attorney General Doug Gansler answer the question of whether same-sex marriages could be recognized by the state.{{cite news |last=Gandossy|first=Tyler |title=Maryland AG: State could recognize same-sex marriages|work=CNN|date=February 25, 2010 |url=http://edition.cnn.com/2010/POLITICS/02/25/maryland.same.sex/index.html|archive-url=https://web.archive.org/web/20100228184843/http://edition.cnn.com/2010/POLITICS/02/25/maryland.same.sex/index.html|archive-date=28 February 2010}} In February 2010, Gansler issued an opinion after a nine-month analysis of state laws,{{cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2010/02/24/AR2010022405686.html |newspaper=The Washington Post |title=Maryland to recognize same-sex marriages from other places |first1=Aaron C. |last1=Davis |first2=John |last2=Wagner |date=February 24, 2010 |access-date=May 22, 2010}} stating that valid same-sex marriages performed in states that permit same-sex marriage could be recognized under Maryland law.{{cite web |url=http://www.oag.state.md.us/Opinions/2010/95oag3.pdf |title=Doug Gansler: Whether Out-Of-State Same-Sex Marriage That Is Valid In The State Of Celebration May Be Recognized In Maryland |date=February 23, 2010 |access-date=November 4, 2012 |archive-date=February 20, 2015 |archive-url=https://web.archive.org/web/20150220155501/http://www.oag.state.md.us/opinions/2010/95oag3.pdf |url-status=dead }} Gansler stated that the opinion was not binding on the courts, and state agencies could begin immediately to recognize out-of-state same-sex marriages. He said that he expected the opinion to be quickly challenged in court.

The opinion garnered negative reactions from some Republicans, socially conservative Democrats, and several African-American lawmakers, including delegates Emmett C. Burns, Jr. and Don Dwyer, who spoke out against the opinion and promised to initiate impeachment proceedings against Gansler. "It is not up to the attorney general, and that's the reason I will be bringing charges of impeachment," Dwyer said in a statement where he described the Attorney General as usurping the law. The Roman Catholic Archbishops of Washington and Baltimore and the Bishop of Wilmington also took "strong exception" to the decision.

Recognition of same-sex marriages from other states became precedent when the Court of Appeals ruled in a case from Prince George's County in May 2012. The couple, two women who had legally married in California, had been denied a divorce by the circuit court.{{cite web|url=http://mdcourts.gov/opinions/coa/2012/69a11.pdf |title=Port v. Cowan. No. 69, September Term, 2011. May 18, 2012.|access-date=November 4, 2012}} On May 18, 2012, the Court of Appeals published a unanimous ruling in Port v. Cowan that validated the marriage of Jessica Port and Virginia Cowan because it said "no viable decision by the Court had deemed a valid foreign marriage to be 'repugnant'" even if the marriage was void or punishable as a crime were it performed in Maryland.{{cite news| url=http://jurist.org/paperchase/2012/05/maryland-high-court-grants-same-sex-divorce.php|title=Maryland high court grants same-sex divorce|last=Belczyk|first=Jaclyn|date=May 18, 2012|publisher=The Jurist|access-date=March 1, 2015}} The opinion cited conflicts that arose from decisions in Anne Arundel and St. Mary's counties where two same-sex couples had their petitions for divorce granted, and another case in Baltimore where it was denied.{{cite news|url=http://www.huffingtonpost.com/2012/05/18/same-sex-divorce-maryland-court_n_1527419.html| title=Same-Sex Divorce Recognized By Maryland Court Of Appeals|last=Witte|first=Brian|date=May 18, 2012|work=The Huffington Post|access-date=May 18, 2012}} The decision of the court was based on the state's traditional use of the common law doctrine of comity, which specifies that Maryland "will give effect to laws and judicial decisions of another state or jurisdiction, not as a matter of obligation but out of deference and respect."

After the Court of Appeals upheld the statutory ban on same-sex marriage in 2007, State Senator Gwendolyn Britt of Landover Hills, along with delegates Victor R. Ramirez and Ben Barnes, sought to sponsor a marriage bill in the General Assembly.{{cite web|url=http://ww2.gazette.net/stories/091807/montnew123618_32369.shtml|title=Maryland's high court upholds ban on same-sex marriage|access-date=March 8, 2013|last=Sedam|first=Sean R.|date=September 18, 2007|work=Post-Newsweek Media|publisher=gazette.net|archive-date=November 5, 2012|archive-url=https://web.archive.org/web/20121105172926/http://ww2.gazette.net/stories/091807/montnew123618_32369.shtml|url-status=dead}} On January 12, 2008, Britt died of heart failure.{{cite web|url=http://www.metroweekly.com/2008/01/an-allys-death/ |last=Najafi|first=Yusef|title=An Ally's Death: Maryland State Senator Gwendolyn Britt dies |publisher=Metro Weekly |date=January 14, 2008 |access-date=June 8, 2014}} The executive director of Equality Maryland, Dan Furmansky, who originally approached Britt to sponsor the legislation, said her death was a "devastating loss, but civil rights struggles are greater than any one person, and as our fight for equality in Maryland continues, her spirit will be with us." On January 25, 2008, the Religious Freedom and Civil Marriage Protection Act was introduced to the House of Delegates.{{cite web|url= http://mgaleg.maryland.gov/webmga/frmMain.aspx?tab=subject3&ys=2008rs/billfile/hb0351.htm|format=PDF|title= House Bill 351 (2008)|access-date=February 2, 2008|last= Ramirez|first= Victor R.|date=January 25, 2008|display-authors=etal}} The Senate version of the bill was introduced by senators Richard Madaleno and Jamie Raskin the same day.{{cite web|url= http://mgaleg.maryland.gov/webmga/frmMain.aspx?tab=subject3&ys=2008rs/billfile/sb0290.htm|title= Senate Bill 290 (2008)|access-date=February 2, 2008|last= Madaleno|first= Richard|date=January 25, 2008|display-authors=etal}}{{cite news|last=Malik|first=Alia|title=Gays Plan Rights Fight From the right to marriage to recognition of their needs on a broad array of social and economic issues, Equity Maryland leader hopes for significant legislative gains|url=http://articles.baltimoresun.com/2008-01-20/news/0801200258_1_same-sex-marriage-equality-maryland-maryland-law|access-date=March 9, 2013|newspaper=The Baltimore Sun|date=January 28, 2008|archive-date=July 14, 2014|archive-url=https://web.archive.org/web/20140714135739/http://articles.baltimoresun.com/2008-01-20/news/0801200258_1_same-sex-marriage-equality-maryland-maryland-law|url-status=dead}} Advocates held a rally in support of the bill on February 11, 2008, but it ultimately failed in committee,{{cite web|url= http://equalitymaryland.org/lobby_day/lobby_day_2008.htm|title= Equality Maryland Lobby Day|access-date=February 3, 2008|archive-url = https://web.archive.org/web/20080206192729/http://www.equalitymaryland.org/lobby_day/lobby_day_2008.htm |archive-date = February 6, 2008}} alongside a constitutional ban introduced by Don Dwyer.{{cite web|url=http://mgaleg.maryland.gov/webmga/frmMain.aspx?tab=subject3&ys=2008rs/billfile/hb1345.htm |title=House Bill 1345 (2008)|publisher=mgaleg.maryland.gov|date=November 23, 2008 |access-date=November 5, 2012}}

While early efforts to legalize same-sex marriage failed, the General Assembly approved two laws in 2008 that grant all unmarried couples certain domestic partnership rights, including the ability to make hospital and nursing home visits, end-of-life choices and other medical decisions, as well as rights to joint property ownership.{{cite news|last=AP Source|title=Medical rights for gay couples approved in Md.|url=http://www.pridesource.com/article.html?article=29940|access-date=March 9, 2013|newspaper=Associated Press via pridesource.com|date=April 4, 2008|archive-date=March 3, 2016|archive-url=https://web.archive.org/web/20160303230928/http://www.pridesource.com/article.html?article=29940|url-status=dead}} Domestic partners must be at least 18 years old and be able to provide an affidavit attesting to their relationship along with two documents, such as joint checking accounts, mortgages or car leases, coverage on health insurance policies or the designation as a primary beneficiary in a will.{{cite news|last=Smitherman|first=Laura|title=Domestic partner bill advances|url=https://www.baltimoresun.com/2008/03/15/domestic-partner-bill-advances/|access-date=March 9, 2013|newspaper=The Baltimore Sun|date=March 15, 2008|archive-date=March 27, 2013|archive-url=https://web.archive.org/web/20130327140722/http://articles.baltimoresun.com/2008-03-15/news/0803150200_1_domestic-partners-bill-general-assembly|url-status=live}} The laws went into effect on July 1, 2008.{{cite web|url=http://www.lexology.com/library/detail.aspx?g=afb013e9-e022-4585-9d52-089ddf79d4ee|title=Maryland domestic partner legislation|date=October 2008|access-date=March 9, 2013}}

File:Martin O'Malley Marriage Equality Press Conference.jpg with supporters at a Marriage Equality Press Conference in Annapolis]]

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 Archbishop of Baltimore Edwin Frederick O'Brien requesting that he "resist pressure to do so".{{cite news|url=https://www.washingtonpost.com/local/dc-politics/omalley-archbishop-at-odds-over-same-sex-marriage-letters-show/2011/08/08/gIQA4vR02I_story.html |title=O'Malley, archbishop at odds over same-sex marriage, letters show |work=Washingtonpost.com |date=December 21, 2011 |access-date=December 29, 2011}} 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.{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2011/03/11/AR2011031106533.html|title= Maryland House derails bill that would legalize same-sex marriage|newspaper=The Washington Post|last=Wagner|first=John|date=March 12, 2011|access-date=March 9, 2013}} 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.{{cite news|url=https://www.nytimes.com/2011/03/12/us/12marriage.html|title=Same-Sex Marriage Bill Falls Short in Maryland|work=The New York Times|date=March 11, 2011|access-date=March 9, 2013|last=Tavernise|first=Sabrina}}

The debate highlighted disagreements between openly gay lawmakers and some black lawmakers on whether same-sex marriage is a matter of civil rights.{{cite news|last=Hughes|first=Brian|url=http://washingtonexaminer.com/religious-objections-kill-gay-marriage-bill/article/111565|title=Religious objections kill gay marriage bill |publisher=Washingtonexaminer.com |date=March 12, 2011 |access-date=March 9, 2013}} 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."{{cite news|last=Lobianco|first=Tom|title=Maryland Gay Marriage Bill Dies Without Final Vote|url=http://www.huffingtonpost.com/2011/03/11/maryland-gay-marriage-bill-dies_n_834820.html|access-date=January 8, 2013|newspaper=Huffington Post|date=March 11, 2011}} Several delegates who originally co-sponsored the bill began to express doubts after being lobbied by church-going constituents, including Sam Arora,[https://web.archive.org/web/20121011045613/http://voices.washingtonpost.com/postpartisan/2011/03/_around_9_am_today.html Sam Arora's disgraceful wavering on marriage equality in Maryland]. The Washington Post. Retrieved June 9, 2012. 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.

{{main|2012 Maryland Question 6}}

[[File:2012 Maryland Question 6 results map by county.svg|thumb|right|300px|Results of Question 6 (2012) by county

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Yes

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No

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The Civil Marriage Protection Act was reintroduced to the General Assembly on January 23, 2012.{{cite news|last=Linkskey|first=Annie|title=O'Malley introduces same-sex marriage bill|url=https://www.baltimoresun.com/2012/01/23/omalley-introduces-same-sex-marriage-bill/|access-date=March 9, 2013|newspaper=The Baltimore Sun|date=January 23, 2012|archive-date=June 14, 2013|archive-url=https://web.archive.org/web/20130614210527/http://articles.baltimoresun.com/2012-01-23/news/bs-md-same-sex-bill-20120123_1_marriage-bill-religious-protections-marriage-debate|url-status=live}} The new version of the bill contained provisions that more explicitly protects religious leaders, institutions, and their programs from legal action if they refuse to officiate or provide facilities for a same-sex marriage or couple as a matter of their doctrine.{{cite news|last=Volsky|first=Igor|title=Maryland's Same-Sex Marriage Bill Includes Most 'Explicit' Religious Conscience Protections|url=http://thinkprogress.org/lgbt/2012/01/25/411191/marylands-same-sex-marriage-bill-includes-most-explicit-religious-conscience-protections/|access-date=February 19, 2012|newspaper=Think Progress|date=January 25, 2012}} During the legislative process, several high-profile political figures attempted to persuade legislators to vote in favor of the bill, including former President Bill Clinton, former Vice President Dick Cheney, Terry McAuliffe, and Ken Mehlman.{{cite news |newspaper=Baltimore Sun |date=February 17, 2012 |title=Maryland lawmakers under national pressure on marriage bill |first=Annie|last=Linskey |url=https://www.baltimoresun.com/2012/02/17/maryland-lawmakers-under-national-pressure-on-marriage-bill/ |access-date=February 20, 2012 |archive-date=April 22, 2012 |archive-url=https://web.archive.org/web/20120422162453/http://articles.baltimoresun.com/2012-02-17/news/bs-md-influence-20120216_1_anne-arundel-county-democrat-maryland-senate-voting-session |url-status=live }} The House of Delegates passed the bill with a 72–67 vote on February 17, 2012 and the Senate passed with a 25–22 vote on February 23, 2012.{{cite news |title=Maryland House Of Delegates Passes Marriage Equality Bill |url=http://thinkprogress.org/lgbt/2012/02/17/428460/maryland-house-of-delegates-passes-marriage-equality-bill/ |access-date=February 17, 2012 |publisher=ThinkProgress |date=February 17, 2012}}{{cite news|last=Hill|first=David|title=Maryland senate approves same-sex marriage bill|url=http://www.washingtontimes.com/news/2012/feb/23/maryland-senate-approves-same-sex-marriage-bill/|access-date=February 24, 2012|newspaper=The Washington Times|date=February 23, 2012}} To secure support from some lawmakers who desired to submit the law to a public referendum, the bill was amended to take effect on January 1, 2013.{{cite news|last=Tavernise|first=Sabrina|title=In Maryland, House Passes Bill to Let Gays Wed|url=https://www.nytimes.com/2012/02/18/us/maryland-house-approves-gay-marriage-measure.html|access-date=October 14, 2014|newspaper=The New York Times|date=February 17, 2012}}

Governor O'Malley signed the bill on March 1, 2012.{{cite news|first=Ricardo|last=Lopez|url=https://www.latimes.com/nation/la-xpm-2012-mar-01-la-na-nn-maryland-gay-marriage-bill-signing-20120301-story.html|title=Maryland governor to sign same-sex marriage bill today|work=The Los Angeles Times|date=March 1, 2012|access-date=March 8, 2013}}{{cite news|last=Linskey|first=Anne|title=O'Malley signs same-sex marriage bill|url=https://www.baltimoresun.com/2012/03/01/omalley-signs-same-sex-marriage-bill/|access-date=June 14, 2012|newspaper=The Baltimore Sun|date=March 1, 2012|archive-date=November 16, 2012|archive-url=https://web.archive.org/web/20121116065744/http://articles.baltimoresun.com/2012-03-01/news/bs-md-marriage-signing-20120224_1_o-malley-signs-marriage-bill-marriage-equality|url-status=live}} In June 2012, referendum supporters submitted 109,313 valid signatures to the State Secretary, John P. McDonough,{{cite news|last=Linskey|first=Annie|title=Same-sex marriage petition certified|url=https://www.baltimoresun.com/2012/07/10/same-sex-marriage-petition-certified/|access-date=July 11, 2012|newspaper=The Baltimore Sun|date=July 10, 2012|archive-date=July 11, 2012|archive-url=https://web.archive.org/web/20120711235041/http://articles.baltimoresun.com/2012-07-10/news/bs-md-same-sex-certify-20120710_1_marriage-law-maryland-marriage-alliance-marriage-petition|url-status=live}} more than the 55,736 required for a ballot in Maryland.{{cite news|last=Wagner|first=John|title=Md. marriage petitioners told of success|url=https://www.washingtonpost.com/blogs/maryland-politics/post/md-marriage-petitioners-told-of-success/2012/07/10/gJQAqVBIbW_blog.html|newspaper=Washington Post|access-date=August 26, 2013|date=July 10, 2012}} The language of Question 6 informed voters that the Civil Marriage Protection Act would allow same-sex couples to obtain a civil marriage license, protect clergy from having to perform any particular marriage ceremony in violation of their religious beliefs, and affirm that each religious faith has exclusive control over its own theological doctrine regarding who may marry within that faith.{{cite web|title=2012 General Election Ballot Question Language|url=http://www.elections.state.md.us/elections/2012/ballot_question_language.html#state6|work=elections.state.md.us|publisher=Maryland State Board of Elections|access-date=August 20, 2012}} On November 6, 2012, the measure passed with 52.4% of the vote.{{cite news |url=http://elections.state.md.us/elections/2012/results/general/gen_detail_qresults_2012_4_0006S-.html |title=Maryland State Board of Elections |publisher=elections.state.md.us |date=November 2012 |access-date=November 28, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20121129024326/http://elections.state.md.us/elections/2012/results/general/gen_detail_qresults_2012_4_0006S-.html |archive-date=2012-11-29 }}{{cite news|last=Honan |first=Edith |url=https://www.reuters.com/article/us-usa-campaign-gaymarriage-idUSBRE8A60MG20121107 |title=Maryland voters approve gay marriage, Maine poised to |publisher=Reuters |access-date=November 7, 2012 |date=November 7, 2012}} On November 29, 2012, Attorney General Gansler issued a legal opinion stating that court clerks could accept applications for marriage licenses immediately and issue them on December 6, 2012, as long as the effective date on the licenses specified January 1, 2013.{{cite news |url=https://www.washingtonpost.com/local/maryland-attorney-general-issues-legal-opinion-on-timing-of-same-sex-marriage-licenses/2012/11/29/b7300c4c-3a6f-11e2-9258-ac7c78d5c680_story.html |title=Maryland attorney general issues legal opinion on timing of same-sex marriage licenses |newspaper=Washington Post |date=November 29, 2012 |access-date=November 29, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20121130232924/http://www.washingtonpost.com/local/maryland-attorney-general-issues-legal-opinion-on-timing-of-same-sex-marriage-licenses/2012/11/29/b7300c4c-3a6f-11e2-9258-ac7c78d5c680_story.html |archive-date=2012-11-30 }} 20 out of the 23 counties in Maryland and the city of Baltimore chose to issue the licenses ahead of schedule.{{cite web |url=http://www.equalitymaryland.org/2012/11/8/we-won-marriage-now-wh |title=We Won Marriage – Now What? Answers to Your Questions |publisher=Equality Maryland |date=November 8, 2012 |access-date=December 4, 2012 |archive-url=https://web.archive.org/web/20130214072307/http://www.equalitymaryland.org/2012/11/8/we-won-marriage-now-wh |archive-date=2013-02-14 |url-status=dead }} Among the first couples to be issued a license were Jessie Weber and Nancy Eddy, who received a marriage license at the Clarence M. Mitchell Jr. Courthouse in Baltimore. "It's important from a legal standpoint, to have the protections of marriage. But even more than that, it's affirming to be recognized by the state. Our ceremony was with our community, our family, our friends, but this feels like being with the entire state. So this is really special", Weber said.{{cite web|url=https://www.baltimoresun.com/latest/bs-md-gay-marriage-licenses-20121206-story.html|title=First marriage licenses issued to Maryland same-sex couples|work=The Baltimore Sun|date=December 7, 2012|last=Marbella|first=Jean}} The first marriages were solemnized on Tuesday, January 1, 2013. The Mayor of Baltimore, Stephanie Rawlings-Blake, married six couples at Baltimore City Hall that day.{{cite web|url=https://www.usatoday.com/story/news/nation/2013/01/01/same-sex-marriage-maryland/1801917/|title=Many weddings as gay marriage becomes legal in Md.|work=USA Today|date=January 1, 2013}}

Maryland statutes now state the following:[http://law.justia.com/codes/maryland/2013/article-gfl/section-2-201/ 2013 Maryland Code FAMILY LAW § 2-201 - Valid marriages]

{{quote|Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State. [MD Fam L Code § 2-201 (2013)]}}

A study from the University of California, Los Angeles estimated in 2007 that extending marriage rights to same-sex couples would result in a net gain of approximately $3.2 million each year to the state budget.{{cite web|last=Badgett|first=M.V. Lee|title=The Impact on Maryland's Budget of Allowing Same-Sex Couples to Marry|url=http://escholarship.org/uc/item/7q28k8q6|publisher=The Williams Institute, UCLA School of Law, UC Los Angeles|access-date=December 11, 2010|date=November 1, 2007}} The study drew on data from the U.S. Census Bureau and Maryland statistical reports. The gain is attributable to savings in expenditures on means-tested public benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism.

Another Williams Institute study conducted in February 2012 estimated that in the first three years of legalization, Maryland same-sex couples would generate between $40 and $64 million for the state economy, in addition to whatever revenue out-of-state couples bring.{{cite web |url=http://williamsinstitute.law.ucla.edu/press/press-releases/extending-marriage-same-sex-couples-maryland-feb-2012/ |title=Extending Marriage to Same-Sex Couples in Maryland Will Have Positive Effects For 12,500 Couples Raising Over 5,000 Children |publisher=williamsinstitute.law.ucla.edu |date=February 10, 2012 |access-date=December 10, 2012 |archive-date=December 10, 2012 |archive-url=https://web.archive.org/web/20121210055259/http://williamsinstitute.law.ucla.edu/press/press-releases/extending-marriage-same-sex-couples-maryland-feb-2012/ |url-status=dead }} Several dozen small employers in the state have also said that same-sex marriage would be good for their businesses, helping to attract and retain talent.{{cite news |last=Mirabella |first=Lorraine |url=http://articles.baltimoresun.com/2012-11-10/business/bs-bz-same-sex-marriage-business-20121110_1_marriage-law-marriage-equality-top-employer |title=Maryland same-sex marriage law good for business, employers say |publisher=baltimoresun.com |date=November 10, 2012 |access-date=December 9, 2012 |archive-date=June 14, 2013 |archive-url=https://web.archive.org/web/20130614060256/http://articles.baltimoresun.com/2012-11-10/business/bs-bz-same-sex-marriage-business-20121110_1_marriage-law-marriage-equality-top-employer |url-status=dead }}

Data from the 2000 U.S. census showed that 11,243 same-sex couples were living in Maryland. By 2005, this had increased to more than 15,600 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state and constituted 1.0% of coupled households and 0.6% of all households in the state. Most couples lived in Baltimore, Montgomery County, and Prince George's County. Same-sex partners in Maryland were on average younger than opposite-sex partners, and more likely to be employed. However, the average household income of same-sex couples was lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 21% of same-sex couples in Maryland were raising children under the age of 18, with an estimated 5,900 children living in households headed by same-sex couples in 2005.{{cite web|url=https://escholarship.org/content/qt9st8g8ds/qt9st8g8ds_noSplash_1b2426cf30cf6720788917fc9d022ce3.pdf?t=lnq3ul|title=Census Snapshot|access-date=August 30, 2022|work=Williams Institute}}

40,456 marriages were performed in Maryland in 2013, an increase of 23% from the year prior thought to be largely attributed to the legalization of same-sex marriage on January 1.{{cite news|last=Sharfstein|first=Joshua M.|title=Maryland Vital Statistics Annual Report 2013, p.5| url=http://dhmh.maryland.gov/vsa/Documents/13annual.pdf|access-date=January 13, 2015|work=Department of Health and Mental Hygiene Vital Statistics Administration|date=January 6, 2015}} The state had not recorded such a significant increase in the number of marriages since 1970.{{cite news|last=Sharfstein|first=Joshua M.|title=Maryland Vital Statistics Annual Report 2013, p.193| url=http://dhmh.maryland.gov/vsa/Documents/13annual.pdf|access-date=January 13, 2015|work=Department of Health and Mental Hygiene Vital Statistics Administration|date=January 6, 2015}}

The 2020 U.S. census showed that there were 12,969 married same-sex couple households (5,427 male couples and 7,542 female couples) and 8,488 unmarried same-sex couple households in Maryland.{{cite web|url=https://data.census.gov/table/DECENNIALDHC2020.PCT15?t=Families%20and%20Living%20Arrangements&d=DEC%20Demographic%20and%20Housing%20Characteristics|title=PCT1405 Couple Households, By Type|access-date=11 December 2023|work=United States Census Bureau}}

{{wikinews|Interview with gay marriage movement founder Evan Wolfson}}

• Equality Maryland
• Gender Rights Maryland
• Maryland Question 6
• LGBT rights in Maryland
• Same-sex marriage in the United States
• Timeline of same-sex marriage in the United States
• Rights and benefits of marriages in the United States
• Public opinion of same-sex marriage in the United States

{{Portal bar|LGBTQ|Maryland}}

{{notelist}}

{{reflist|colwidth=25em}}

• {{cite web|url=http://baltimore.org/lgbt-weddings/|title=Visit Baltimore - LGBT Wedding Guide|archive-url=https://web.archive.org/web/20121112185729/http://www.baltimore.org/lgbt-weddings/|archive-date=November 12, 2012}}
• {{cite web|url=https://mgaleg.maryland.gov/2012rs/bills/hb/hb0438t.pdf|title=Civil Marriage Protection Act|work=Maryland General Assembly|archive-date=March 21, 2013|archive-url=https://web.archive.org/web/20130321164430/https://mgaleg.maryland.gov/2012rs/bills/hb/hb0438t.pdf}}
• {{cite web|url=https://cases.justia.com/maryland/court-of-appeals/69-11.pdf?ts=1462361817|title=Port v. Cowan|work=Maryland Court of Appeals|date=May 18, 2012|archive-url=https://web.archive.org/web/20240515145729/https://cases.justia.com/maryland/court-of-appeals/69-11.pdf?ts=1462361817|archive-date=May 15, 2024}}

{{LGBT in Maryland}}

{{Same-sex marriage in the United States}}

Category:2013 in LGBTQ history

Category:LGBTQ rights in Maryland

Maryland

Category:Martin O'Malley

Category:2013 in Maryland