Maryland Delegates Have Lengthy Debate on Same-Sex Marriage

ANNAPOLIS — Members of the Maryland House Judiciary Committee heard more then seven hours of testimony Friday as state residents and leaders of national organizations voiced their opinions both for and against the legalization of same-sex marriage.

The hearing came a day after the Senate passed the Civil Marriage Protection Act, which changes the definition of marriage from "between a man and a woman" to "between two individuals." It allows churches to refuse to perform same-sex unions if the practice violates their beliefs.

The Judiciary Committee heard two similar House bills Friday as well as a bill sponsored by Delegate Don Dwyer (R-Glen Burnie), a primary opponent of same-sex marriage, that would create a Constitutional amendment that defines marriage as being between one man and one woman.

House bills 55 and 175, both titled "Religious Freedom and Civil Marriage Protection Act," are nearly identical and many of the members of the Judiciary Committee co-sponsored the bills.

“Today we find ourselves facing a decision that deep in our heart and conscious we know is wrong yet 12 of you on this committee have sponsored a bill to redefine and destroy forever the God-ordained institution on marriage,” Dwyer said during his testimony. "I am simply going to plead with you to search your soul throughout today's testimony and before you vote on this issue."

Opponents of same-sex marriage were well organized, with members of national organizations testifying during the hearing, and said Thursday's vote in the Senate does not represent the opinion of the majority of Marylanders.

"There's no question that the numbers are there to overturn this...we believe that there are a lot of people who are sitting timid and quiet and not speaking out on this issue. We're not going to fail," said the Rev. Pierre Bynum, chaplain for the Family Research Council and a Maryland resident.

Family Research Council leaders are expecting Maryland's churches "will be animated and mobilized," and will be the source of most of the 53,650 signatures needed to get same-sex marriage on the 2012 ballot.

The Maryland Constitution provides voters the right to collect signatures to reject any act by the Maryland General Assembly in a popular vote. Referendums are notoriously difficult to organize because each person's name and address must be exactly the same on the petition sheet as they appear on their voter registration card.

"There are churches in our coalition that have 20,000 people in their church, so it's a question of just circulating [a petition] among a few churches," Bynum said.

Even though the outcome in the House of Delegates is far from certain, preparation for a 2012 referendum was already well under way. Gov. Martin O'Malley has said he would sign marriage equality legislation into law if it passes both legislative chambers.

"Gay and lesbian Americans have sought...the right to serve openly in the American military and potentially to die on the field in battle. That's right. These are good people who believe in and love America, their communities [and] their families," said Delegate Kumar Barve (D-Gaithersburg), primary sponsor of HB 55. "If they are prepared to [die], I trust that we as legislators...are prepared to protect their liberties and their rights as well."

Delegate Heather Mizeur (D-Takoma Park), one of six openly gay delegates who testified Friday, introduced her spouse Deborah to the committee during the hearing.

"Deb is with me today because this debate is not about abstractions. This debate is not about definitions. It's about thousands of families that will be protected by this law," she said. "While it's love that makes a family, it's marriage that protects it."

Supporters and opponents of same-sex marraige lined the hallways of the Lowe House Office Building and overflow crowds listened to testimony via live stream.

The National Organization for Marriage, a chief organizer for passage of Proposition 8 in California that defined marriage in the California Constitution as between a man and a woman, already has its sights set on organizing a referendum in Maryland.

"We expect to take a major role if the House votes wrong and the governor signs it," said Maggie Gallagher, chairman of the board of the National Organization for Marriage.

"I think this is going to end up with the people of Maryland if the House passes it. There were polls in California that showed that Prop 8 would fail by 10 points. But we're really confident that we can get this issue to the public and that the people of Maryland will do what people in every other state have done," Gallagher said.

According to the National Conference of State Legislatures, voters have rejected same-sex marriage in 30 states. In Washington state, voters approved domestic partnership rights.

At a news conference held before the hearings Friday, Dwyer and other opponents of same-sex marriage gathered in the lobby of the Lowe House Office Building to speak on the issue.

"I do not hate homosexuals," Dwyer said. "They are created in God's image and therefore are to be loved like every other individual. But don't ask us to legalize same-sex marriage. We simply are not going to do it."

Delegate Emmett C. Burns Jr. (D-Woodlawn) was one of about five legislators to speak with Dwyer in opposition to same-sex marriage before the day's hearings.

"Let it be known—they may win in the Senate, they may win in the House, but when the history of this fight is over, we shall and will win on referendum," he said.

Delegate Joseph F. Vallario Jr. (D-Upper Marlboro) announced that the panel, which he chairs, would vote early this week on the Senate's same-sex marriage bill. The Judicial Committee will vote on the issue and the bill would then move to the House of Delegates where its passage is uncertain.

Information from the Capital News Service’s Maggie Clark was used in this report.