As the final snowflakes
dissipated during newly elected governor Larry Hogan’s inauguration, I couldn’t
help but think of his predecessor’s legacy on LGBT equality and what an arduous
journey it was. #hocopolitics
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| Signing the historic marriage equality bill into law |
With O’Malley, however, we saw
the possibility of a rainbow across the skies of Maryland. Alas, it did not start off well.
In his inaugural address in 2007,
O’Malley said, “I take responsibility as one leader for never trying to divide
our people by race, class, religion or region.”
Unfortunately, there was no mention of sexual orientation let alone
gender identity.When the Maryland Court of Appeals struck down a lower court’s ruling in September 2007 that would have granted 19 plaintiffs and consequently other gays and lesbians the right to legally marry in Maryland, O’Malley stated, “I look forward to reading the court’s full opinion, but as we move forward, those of us with the responsibility of passing and enforcing laws have an obligation to protect the rights of all individuals equally, without telling any faith how to define its sacraments. I respect the court’s decision.”
“That offensive statement represented just one
of O’Malley’s tortured positions on the issue,” commented Washington Blade editor Kevin Naff. “In 2004, O’Malley told a Baltimore TV station
that, ‘I’m not opposed to civil marriages.’
“Also in 2004, he sent an e-mail
to a plaintiff in the state marriage lawsuit that read, ‘I’m just supporting
something I strongly believe in,’ referring to marriage equality. But by early
2006, O’Malley’s position was shifting and he said, ‘I was raised to believe
that marriage is between a man and a woman. This is a fundamental issue of the
state’s public policy, and a decision that ultimately should not be made by a
single trial court judge.’ When confronted by gay activists after issuing that
statement, O’Malley disavowed any previous support of marriage equality.”
There were few, if any, meetings
between the governor and Equality Maryland, the organization that was spearheading
the effort towards achieving marriage equality during O’Malley’s first
term. A leading advocate who was present
at one such meeting said the governor avoided the subject.
From 2008-2010 legislation was
introduced to legalize same-sex nuptials but each time the bill died in committee. All the while O’Malley stated his support for
civil unions but not same-sex marriage.
In 2010, Attorney General
Douglas Gansler issued an opinion whereby Maryland would recognize the same-sex
marriages legally performed in other states.
This development was a significant landmark in the ultimate road to
equality.
The effort gained momentum in
2011. When the bill again was introduced in the General Assembly, O’Malley said
he would sign it if passed, saying, “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.” Though he testified for the bill, it failed to
garner enough votes to make it out of the House.
Following the passage of
marriage equality in New York State in June 2011, O’Malley took a far more
proactive role in the 2012 General Assembly.
Allaying the fears of religious conservatives, the bill—Religious
Freedom and Civil Marriage Protection Act—contained explicit language that
would not force religious leaders and institutions to perform same-sex marriage
ceremonies among other protections. O’Malley vocally supported the bill,
testified on its behalf, and lobbied wavering legislators to vote for it.
When the governor gave the State
of the State address in February, he said, “It’s not right and it’s not just
that children of gay couples should have less protection than the children of
other families in the state.” O’Malley admitted that his reluctance to use the term “civil marriage” early on was based on advice given by his political advisors while he was mayor.
The bill narrowly passed both
houses, and the governor joyously signed it into law on March 1, 2012.
During the ensuing Question 6
referendum battle, O’Malley pushed hard for victory as this was to become a
legacy issue for him along with the Dream Act, repeal of the death penalty and
other social measures, which would showcase his progressive bona fides should he decide to run for
President.
He continued to press for a win
to uphold the law by persuading leading clergy to support the effort. He went outside the state to raise money for
the referendum campaign that was run by the Human Rights Campaign-led
Marylanders for Marriage Equality coalition.
It was clear that O’Malley was
displeased by the progress the coalition was making. In August, there was only
$400,000 in the coffers—a decidedly low amount considering the need to air TV
commercials. He installed Delegate
Maggie McIntosh to handle the day-to-day operations as the campaign had been in
disarray, and paid staff was cut by a third.
In the end, after $6 million was spent, the voters upheld the law by a
52-48 percent margin.
O’Malley admitted that his
reluctance to use the term “civil marriage” early on was based on advice given
by his political advisors while he was mayor.
Nonetheless, he saw the light, perhaps motivated by the passage of
marriage equality in New York whose governor Andrew Cuomo was a potential rival
for the Democratic presidential nomination in 2016.
Regardless, we would not have
won marriage equality in 2012 without him.
And the same could be said for the passage of the Fairness for All
Marylanders Act in 2014.It had been a long, hard march towards equality but Martin O’Malley finished it in style
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