One Year after Question 6: Revisiting, Not Revising History

Almost a year after Maryland voters upheld the law allowing same-sex marriage, there was the expected amount of celebrating at the recent back-slapping, self-congratulatory love-fest called the Equality Maryland 25^th Anniversary Brunch. That victory at the ballot box deservedly was the centerpiece.

Equality Maryland’s executive director, Carrie Evans, gave a speech using a curious “House of Cards” theme in thanking virtually everybody who had been involved with the organization over the past quarter century and in the process made some interesting comments.  Evans thanked the Human Rights Campaign (HRC) for not pulling funding from the campaign in 2012 and declared that “without HRC we would not have won,” suggesting that HRC was merely a funder. 

There are two elements in play.  First, the pulled funding comment was a not-so-subtle swipe at Freedom to Marry, who had contributed needed dollars to the other statewide battles for marriage equality but had bypassed Maryland in the early stages.  The organization’s founder and director Evan Wolfson told me that it was a myth that they pulled funding from the cause.  “We never pulled out,” he emphasized.  “We never jumped in.” 

The reason was their belief that under the leadership of the campaign (Marylanders for Marriage Equality), he did not think Maryland would be successful at the ballot box and instead provided resources to the other states.  They later chipped in, however, with some $200,000 as the Maryland campaign’s end neared and confidence grew.

The other aspect of Evans’ comment about HRC’s role requires more examination.  During the festivities, the focus was rightfully about Equality Maryland but gave the impression Equality Maryland led the battle.  At one time, yes.

In celebrating its achievements, Equality Maryland should have really been rejoicing over the fact they are living to fight another day.  Shortly after the debacle in the General Assembly in 2011 where a plausible victory on marriage equality was deep-sixed in the House of Delegates from insufficient support, Equality Maryland imploded.  Its financial foundation was cracking, leaving the organization in near ruin.  The controversial, less-than-elegant dismissal of the executive director, the abrupt departure of its fundraising director, and a major shake-up of the board, left the organization in shambles in terms of finances and confidence—a dark point in their history that was conspicuously absent from Evans’ remarks. 

Following the successful initiative by marriage equality opponents to have the law voted on by referendum during the 2012 election, Equality Maryland was in no position, despite a new executive director and board in place, to carry out the fight that had been heretofore unsuccessful in every state where the voters were given the chance to decide on the issue.

In need of a victory of its own to tout and assessing the weakness in Equality Maryland at the time, HRC, with its ample resources, fundraising apparatus and personnel, seized the reins to lead the referendum battle, which eventually was termed “Question 6”.  It had already begun by assuming control of the lobbying efforts during the year’s legislative session.

To broaden its appeal, HRC formed a “coalition” of partners that consisted of the Baltimore branch of the NAACP, Equality Maryland, the ACLU of Maryland, and various unions, clergy, and other progressive organizations.  Equality Maryland was only one of these “partnering” organizations, not the one driving the campaign.

Although critics have characterized the lesser members of the coalition as “window dressing”, they did have roles to fill and Equality Maryland made significant contributions.  Most importantly, Equality Maryland raised a good chunk of money using their brand, damaged as it was, and donated to the campaign.  Moreover, they helped recruit volunteers for the field operations.

But make no mistake, it was HRC’s show under the banner of Marylanders for Marriage Equality.  Even with the larger, richer organization at the helm, it was no smooth ride.  An insider with the campaign confided that Governor O’Malley, the chief lobbyist during the General Assembly to get the bill passed in both houses and a noteworthy fundraiser throughout, was “not happy” with the way the campaign was being run.  And he was particularly miffed that fundraising targets were not being met according to pre-determined timelines. Later, Delegate Maggie McIntosh was reported to have stepped in to handle decision-making in the organization.

Undeniably, Marylanders for Marriage Equality got off to a rocky start.  In April 2012, they brought in a political strategist, Josh Levin, to be the campaign manager.  But field operations were slow to develop, TV spots were not aired early on, and many activists were getting antsy over the delays. 

The announcements by President Obama and the national NAACP as well as other prominent officials in support of marriage equality gave the campaign a needed shot in the arm.  Outstanding television advertising ultimately was effective in combating the lies created by the opposition that had been so successful in California and other states.

A bit of luck also played in the Question 6 supporters’ favor.  Political observers believed that the decisive money edge to marriage equality proponents can be attributed to the Church of the Latter Day Saints’ desire not to get deeply involved that year as they had previously in California and Maine and become a focus of controversy during the Mormon Mitt Romney’s run for president.  In addition, much of the available TV advertising space was blocked largely by the moneyed casino interests on both sides of the issue, thus preventing the scare tactics from gaining traction.

All things considered, the victory a year ago was a team effort that was led by HRC through the auspices of Marylanders for Marriage Equality though no one entity deserves sole credit.  Everyone involved from donors to volunteers to the LGBT caucus in the legislature to the leadership of the Governor to the voters themselves should share in the historic victory.  And the rainbow gods, providing some good fortune, smiled on us as well.

Winning Question 6

I must confess I didn’t believe what occurred on the night of November 6, 2012 would ever happen.  Marriage equality failed all 32 times it had been decided through state ballots, and I didn’t get that warm and fuzzy feeling that this time it would be any different. 

I did not have confidence early on in Marylanders for Marriage Equality—the organization with a diverse array of coalition partners who assumed the lead to defend the Civil Marriage Protection Act against a referendum by opponents who rapidly amassed three times the number of signatures needed to place a minority’s rights up for a popular vote. 

The planning for a likely referendum fight began late, in my view.  A former staffer told me that the campaign was fritting away too much time and money on getting “pledges” signed.

HRC brought in their people to get the effort started and ultimately hired Josh Levin as the Campaign Manager. 

Early polls looked too good to be true and were shrugged off by many.  Yet, a national trend towards public acceptance of marriage equality was unmistakable.

Things started to break, however.  President Obama went public with his support following Vice President Biden.  Former President Bill Clinton did likewise.  Democrats installed marriage equality as part of the party’s platform.  

Governor O’Malley championed the cause following years of uncertainty as to how equality should be achieved.  He was a true leader during this fight, persuading wavering legislators to help pass the bill and then traveling around the country to raise needed funds for the battle ahead.

But according to a report in the Baltimore Sun, the campaign was having trouble as late as August in raising the necessary funding.  Delegate Maggie McIntosh stepped in to handle the Campaign’s strategic decision-making and asked former Gov. Ehrlich’s chief-of-staff Chip DiPaula to persuade Evan Wolfson of the national organization Freedom to Marry to jump in with monetary support.  He did. 

Marylanders for Marriage Equality ultimately raised nearly three times the amount of money than the opponents—a total of $6 million.  There was speculation that the Church of the Latter Day Saints who donated tons of money against marriage equality during California’s Prop 8 battle decided to sit these four marriage contests out lest they hurt Romney politically.  

The Campaign developed a sophisticated infrastructure for executing a potent ground game using nuts and bolts grass roots efforts.  The “Vote For 6” signage had a great design—eye-catching and recognizable in their blue and white scheme.

They oversaw a superb ad campaign that mostly featured religious leaders and straight individuals to validate the cause.  The Campaign developed direct mail and TV advertisements featuring Julian Bond, Revs. Donte Hickman and Delman Coates, Todd Schuler, and Presidents Obama and Clinton.  They enlisted the public support from celebrities, such as the Ravens’ Brendon Ayanbadejo and actor Josh Charles to win the hearts and minds of voters regardless of sexual orientation, political party, race, age, gender, religion or ethnic background.    

Their efforts were bolstered by all the thousands of volunteers in and out of the campaign’s organization who knocked on doors, engaged strangers, family members, neighbors and co-workers, participated in phone banks, raised and contributed funds and developed innovative methods for getting the message out.

I began to feel more confident on Election Day as I worked the polls at Clarksville Middle School.  Not only were voters pronouncing their support for Question 6 but did so with intensity and enthusiasm.  Sure, there were opponents—some of them even rude.  But the overwhelming majority (63 percent in actuality) appeared to be on our side, and it gave me hope that perhaps later that night there would be cause for celebration.

That momentous night, when the voters re-elected President Barack Obama, the most pro-LGBT president ever, we were creating another headline.  For the first time in U.S, history, Maryland, Maine and Washington succeeded via the ballot to legalize same-sex marriage.  Minnesota beat back an anti-gay marriage constitutional amendment.  Moreover, six LGBT candidates were elected to Congress, including for the first time, an openly lesbian person, Tammy Baldwin, who was elected to the U.S. Senate.

In Maryland proponents of marriage equality defeated the forces who would deny the legal, economic and social benefits that marriage equality would confer by a 52-48 margin or more than 90,000 votes. 

A review of the election results should lay to rest the myth that African-American voters are the key to marriage equality defeats.  Both sides were clearly courting African-American voters, but the pro-equality side’s messages of fairness broke through. 

The president’s support as well as the National NAACP’s endorsement had to be huge.  And the testimonies offered by African-American pastors Donte Hickman and Delman Coates on TV ads were received very positively.  This helped reassure voters that religious institutions would not be affected by the law and fairness for all was underscored.

We don’t know yet how the black vote went, but the fact is that Baltimore City with Mayor Stephanie Rawlings-Blake as a key advocate had a sizable plurality for Question 6, and Prince George’s deficit was much smaller than anticipated.  Consequently, the recent hateful comment by a pastor stating gays and supporters “are deserving of death” most likely did not sit well with fair-minded voters regardless of race.

Governor O’Malley, the gay and lesbian members of the legislature and their colleagues who voted for the bill and defended it during the referendum battle deserve much praise and gratitude.

Josh Levin and his team should be applauded for ultimately getting the job done. The 200 coalition partners, such as HRC, NAACP, SEIU, ACLU, Equality Maryland and PFLAG as well as leading clergy were instrumental in this battle.

All the volunteers and contributors including the 2,000 poll workers on Election Day and those who began this fight and laid the groundwork for success should be thanked.

And most of all, thanks to all of you for coming out to vote and making November 6, 2012 a historic milestone in the history of LGBT rights.

Oh, What a Night!

I must confess I didn’t believe what occurred on the night of November 6, 2012 would ever happen.  Marriage equality failed all 32 times it had been decided through state ballots, and I didn’t get that warm and fuzzy feeling that this time it would break that skein. 

I did not have confidence early on in Marylanders for Marriage Equality—the organization with a diverse array of coalition partners who assumed the lead to defend the Civil Marriage Protection Act against a referendum by opponents who amassed three times the number of signatures needed to place a minority’s rights up for a popular vote.  This organization appeared too guarded, too evasive and too elusive for my taste as I am a “severe” proponent of transparency.  More on them later.

With this effort affording gays and lesbians perhaps the one last shot at marriage equality in Maryland in a generation, I believed that nothing should be left on the field.  I was particularly disappointed by the squeamishness of some elected officials who had built-in persuadable constituencies and multiple platforms and tools available to vociferously laud the virtues of equality and fairness.

These politicians—especially Democrats—had all the cover they needed.  President Obama went public with his support following Vice President Biden.  Former President Bill Clinton did likewise.  The Democratic Party installed marriage equality as part of the Party’s platform.

The President, in particular, had much more to lose as he took on this political risk.  A pronouncement in support of same-sex marriage could have hurt him with conservative Democrats in swing states.  But he had the guts to do it, proving once again what a true leader he is and offered a blueprint as to how to become one.  He was astutely aware that  this issue was trending positively across the nation.

Governor O’Malley championed the cause following years of uncertainty as to how equality should be achieved.  He, too, was a true leader during this fight, persuading wavering legislators to help pass the bill and then traveling around the country to raise needed funds for the battle ahead.

Instead, these other elected officials were quiet supporters but supporters nonetheless.  To use a baseball analogy, it’s akin to a batter needing to hit a two-run homer to win the game but wound up with a double, putting runners on second and third, and leaving the potential heroics to the next guy.

Well, that “next guy” came through.

First, Marylanders for Marriage Equality raised nearly three times the amount of money than the opponents.  They developed a sophisticated strategy for executing a potent ground game using nuts and bolts grass roots efforts as well as solid use of social media.  They oversaw a superb ad campaign that mostly featured religious leaders and straight individuals to validate the cause.  They enlisted the public support from celebrities as well to win the hearts and minds of voters regardless of sexual orientation, political party, race, age, gender, religion or ethnic background.    

Their efforts were bolstered by all the volunteers in and out of the campaign’s organization who knocked on doors, engaged strangers, family members, neighbors and co-workers, participated in phone banks, contributed funds and developed innovative methods for getting the message out.

I began to feel more confident on Election Day as I worked the polls at Clarksville Middle School.  Not only were voters pronouncing their support for Question 6 but did so with intensity and enthusiasm.  Sure, there were opponents—some of them even rude.  But the overwhelming majority appeared to be on our side, and it gave me hope that perhaps later that night there would be cause for celebration.

That momentous night, when the voters re-elected President Barack Obama, the most pro-LGBT president ever, we were creating another headline.  For the first time in U.S, history, Maryland, Maine and Washington succeeded via the ballot to legalize same-sex marriage.  Minnesota beat back an anti-gay constitutional amendment.  Moreover, seven LGBT candidates were elected to Congress, including for the first time, an openly lesbian person, Tammy Baldwin, who was elected to the U.S. Senate.

In Maryland proponents of marriage equality defeated the forces who would deny the legal, economic and social benefits that marriage equality would confer by a 52-48 margin. 

I thank everybody who helped make this historic struggle in Maryland a reality.  I especially thank Governor Martin O’Malley for his leadership in the battle along with all the legislators who supported and voted for the Civil Marriage Protection Act.  The gay and lesbian members of the legislature were particularly effective in their efforts.  And a special thank-you goes to Sen. Allan Kittleman, a Republican, for his vociferous and unyielding support for marriage equality.

I thank Josh Levin, campaign manager for Marylanders for Marriage Equality and his team, for ultimately getting the job done. I thank the coalition partners, such as, HRC, NAACP, SEIU, ACLU, Equality Maryland and PFLAG as well as leading clergy for their superb work and commitment. 

I thank all the volunteers and contributors who walked that extra mile.

I thank all those who began this fight and laid the groundwork for success.

And most of all, I thank you, the voters, for coming out to vote and making November 6, 2012 a historic milestone in the history of LGBT rights.

Midsummer Reflections

The quiet dog days of summer that usually characterize Baltimore have been anything but.  With record-breaking heat to this point, politically the temperature will be rising to a fever pitch up to November and potentially beyond that.  With that in mind, this is an opportune time to reflect on recent events.

Chicken S**t: We start with a brief look at the flap over Chick-fil-A’s Dan Cathy’s comments that prompted a bitter reaction from the LGBT community and an ensuing backlash from, well, others.  Cathy said that the restaurant chain supported “the biblical definition of the family unit.”  He has the right to say that.  But his company donated roughly $5 million to what are considered “hate groups” and that fact stuck in the throat like an errant chicken bone.

The masses that lined up on “Chick-fil-A Appreciation Day,” orchestrated by homophobe Mike Huckabee, to consume artery-clogging garbage did so not as a protest against stifling free speech but it was a show of support for the anti-gay messaging emanating from Cathy’s mouth.  They played the victim card.  Had Cathy come out for marriage equality and was chastised by the likes of Limbaugh, would those same people line up to support his free speech?

This issue may have motivated our opponents but it got our side fired up as well.

The List: Over 13,000 names and addresses of folks who signed the petition to send the Civil Marriage Protection Act to a November referendum were made public.  There was a degree of shock, sadness and anger on the part of marriage equality advocates when people whom they assumed would be supportive appeared on the list.  Some noticed friends (as I did), co-workers, neighbors and even relatives who signed on to put marriage equality to a popular vote.

This is disheartening because people who we banked on for support went the other way, probably unaware that the names would be made public.  There were petition signers in neighborhoods with a strong LGBT presence on the list and many from normally progressive Howard and Montgomery counties.  Conversely, anti-gay Delegate Emmett Burns was not on the list, but you know how he will vote.

Howard County Register of Wills Byron Macfarlane—the first openly gay office holder in the county—was also stunned by the list.  “As any of us looks through this list I think we’ll receive a wake-up call to just how much work we have to do to win at the polls this November,” he told me.  “It really is disappointing to see so many people we know on this list. Personally, finding that aunts and uncles and my own father had signed was very upsetting. My hope is that over the next few months we're able to tell our stories and talk to them about love and commitment and win their votes.”

New Poll, Same Caution: A more optimistic development occurred when a new independent poll by Hart Research Associates that indicated supporters of marriage equality in Maryland lead the opposition by a 14-point margin—54 to 40 percent. 

While this appears promising, there is a cautionary note: the margin of error is plus/minus 4.5 percent, a rather high number for a survey.  This means that the margin could be much tighter based on the sample.  Also, people tend to portray themselves in phone interviews as non-bigoted on social issues thereby artificially raising the support total.

“We're winning over undecideds and the intensity is clearly on our side,” said Marylanders for Marriage Equality Campaign Chair Josh Levin in a statement.

Levin was correct in acknowledging that “polls looked good in Maine, North Carolina, California, and almost every other state fighting to defend equality. But in the end, every time this issue went to ballot, marriage equality failed.” He promised in a fundraising pitch that the campaign will “redouble our efforts” and urged advocates to keep fighting.  We should act as if we are behind.  You know the opposition will. 

Farewell Lisa: As you are probably aware, Lisa Polyak stepped down as Chair of the Equality Maryland Board of Directors.  “This was a planned transition,” Lisa told me. “Truthfully I am so happy and grateful for the new board members, and I am exhausted from the last few years, so this is a healthy transition for both me and the organization.”

Lisa had been a key leader of Equality Maryland, helping to guide the organization through some rough times with her steady hand and wisdom. She has always been tough, passionate and smart as well as accessible to the press and will be missed.

She and her partner Gita Deane, who have now been together for 30 years, were the lead plaintiffs in the marriage equality lawsuit (Deane and Polyak v Conaway) filed in 2004 by Equality Maryland and the ACLU of Maryland.  A lower court ruled for the plaintiffs but the ruling was stayed pending appeal. In 2007, the Maryland Court of Appeals by a margin of 4-3 ruled that the state’s ban on same-sex marriage did not violate the Maryland Constitution.

The couple married in D.C last year and lives in Baltimore raising their two daughters.

If Only: It was sad to read about the passing of Sally Ride, the first woman astronaut at NASA.  Her obituary mentioned she had a female partner of 27 years—a fact that had remained secret during her lifetime.  Ride had been an inspiration to women for decades.  Imagine what a role model she could have been to lesbians. 

Coming out is a personal matter that should be respected.  We clamor for celebrities suspected of being gay or lesbian to come out and give encouragement to young gay, lesbian or questioning people but we never know the internalized battles that such an individual must wage before making that decision if one is reached.  But unquestionably, Ride’s disclosure would have had a major, positive impact on others.

Banking on the 'Big Mo'

Courtesy of Jay W Photos

There’s no question that the rainbow gods are smiling on our LGBT community.  They ordered up absolutely glorious weather for the annual Baltimore Pride celebration right before an oppressive heat wave gripped the area.  This may be a sign that things MUST be going well to experience such good fortune.

That’s been the talk—how we have momentum or the “big mo” on our side as we enter the critical months leading up to Election Day when the law to legalize marriages between same-sex couples will be put to the voters by a referendum.  This momentum will hopefully propel us to reach that coveted goal.

There is ample reason for the optimism. 

The president’s complete support for marriage equality could turn out to be a game changer.  In a state where he enjoys widespread popularity, Obama’s revelation could tip the balance our way by convincing those who may not have been saddled by conservative religious dogma to lean towards fairness. The NAACP’s unequivocal endorsement framing marriage equality as a civil rights issue was also huge.  

Moreover, with the Dream Act referendum scheduled to share the ballot in Maryland with same-sex marriage, the National Council of La Raza, the largest Latino civil rights organization in the U.S., announced its support for marriage equality.

Country superstar Carrie Underwood’s backing of same-sex marriage to the chagrin of some of her conservative fans may have appealed to a different demographic altogether.  To that point, don’t dismiss the power of celebrities who, through their visibility and popularity, command a higher level of influence than ordinary folks.  America’s infatuation with celebrities and entertainment in general is embedded in our culture to such an extent that the TV sitcom Will & Grace has rightfully been credited, in part, for the improved attitudes towards gay and lesbians in our society. 

Then there is Mary Cheney, the daughter of the former conservative Republican vice president, who recently married her longtime partner Heather Poe.   This added a sense of “ho-hum” to the hot-button issue of same-sex marriage.

We’re confident of victory,” Josh Levin, campaign director for Marylanders for Marriage Equality, wrote in the June 15 issue of Baltimore OUTloud.  “Any campaign would be thrilled to have the momentum we’ve seen recently.”

Levin has also cited favorable poll results to augment the momentum perception but he quickly pointed out to me that he will not rely on them.  He knows better than to fall into that trap. “They offer a snapshot,” he said.  That recognition of reality presents me with further cause to be optimistic.

Indeed, when marriage equality went before the voters through ballot measures in the past, we have a 0-32 record.  Even in blue-state California and purplish Maine the polls indicated a similar degree of favorability this far out from the election.  Then the garbage came from the opposition with their well-funded air attacks that helped to reverse the outcome. 

A clear difference is that none of those battles had the President of the U.S. publicly on the side of equality.  Therefore, marriage equality advocates in Maryland, Maine (again), Minnesota and Washington State experiencing ballot referenda this November may benefit from that recent level of support.

Another reason for optimism that is fueling momentum is the increased engagement on the part of the LGBT community.  Sure, way too many see politics as a toxin to be avoided at all costs.  That’s a reality in all segments of the population.  But now we’re starting to see more rainbow folks engaged on this issue.  As an example, my colleague at OUTloud, Gerry Fisher, has been on a mission to bring marriage equality to fruition by jump-starting a grass-roots movement through face-to-face contacts with voters and using social media. (See related article in this issue.)

This is crucial for votes, of course.  As important as turnout is to success, the need to recruit volunteers and raise money to counter the lies and scare tactics from the opposition is also critical.  Josh Levin feels that Marylanders for MarriageEquality can get by on $5-7 million.  Others disagree.  Evan Wolfson, founder of Freedom to Marry, estimates over $10 million would be needed in Maryland to defend the law in a referendum.

Regardless, a heap of cash needs to be raised, and fundraisers have been taking place throughout the state and will continue until November.  How do you get people to reach deep into their pockets?  They need to think they have a good chance of winning; no one wants to contribute to a losing cause.  

Yet, there is a thin line between exuding confidence of a victory and acting like it’s in the bag.  While no one wants to contribute if defeat is likely, the same thinking would apply if it appears a win is a slam-dunk,   That money could be spent on other matters.

Therefore, it behooves the Marylanders for Marriage campaign to maintain an upbeat but cautious posture, leave nothing to chance, and capitalize on the “big mo” that is ostensibly taking place now.

Let's Not Get Carried Away

A recent wave of positive events has added momentum to the effort to defeat a near-certain referendum on the Civil Marriage Protection Act that was signed into law in March.  Not the least of which was President Obama’s offering public support for marriage for same-sex couples.  That was followed by the NAACP’s endorsement of same.  Then Colin Powell added a powerful voice to the cause.  And rapper Jay-Z also weighed in with a strong message. 

These developments are seen by the pro-equality forces as huge steps in helping to mitigate opposition within the African-American community in Maryland given that this support was expressed by well-respected, influential individuals and organizations.

Adding to this string of welcome developments was a Public Policy Poll released May 24 and commissioned by Marylanders for Marriage Equality that revealed an astonishing 20 percent margin—57 percent to 37 percent—favoring the marriage law in Maryland. 

In a memo, PPP pollster Tom Jensen notes there has been a “major shift in opinion about gay marriage among black voters [in Maryland].” Fifty-five percent of African Americans now say they would vote for the law and only 36% oppose it. These numbers have essentially flipped since PPP conducted an identical poll in March.”

Rather than viewing these numbers through rose-colored lenses, however, they should be examined with caution.  Even if the results are accurate, which would be great news, let’s not get carried away.

You may wonder, why put the damp cloth over what appears to be an outstanding and historic few weeks in the quest for marriage equality?  Simply put, we’ve been led down this primrose path before with favorable polling data and we had our hearts broken.  It behooves us to learn why.

Anybody who is associated with Marylanders for Marriage Equality and all other advocates and supporters should make the Prop 8 Report  required reading.  This in-depth analysis of the failed Prop 8 campaign in California is instructive, and it would be foolish and irresponsible to ignore the lessons provided. 

You see, in the equivalent period before the decisive voting took place in 2008, the polling numbers were similarly favorable.  The “No on 8” group (pro-marriage equality) raised  tons of money (over $43 million) and had a record-setting number of volunteers (51,000), so the playing field was level even considering the influences of the Mormon Church, the Roman Catholic Church and others pushing the “Yes on 8” vote.

So what went wrong?  Many erroneously blamed African-American voters who turned out in large numbers to vote for Barack Obama and are generally opposed to same-sex marriage..  But while that group did support Yes on 8 by a decent majority, they are not the principal reason for the disappointing failure.  In fact, African-Americans only comprise about 6 percent of California’s population.  In Maryland it’s close to 30 percent.

According to this report, a large number of people—regardless of race—who claimed they supported marriage equality in the months prior to November 2008 changed positions at the end.  In three-fourths of the cases, those who shifted were parents who have children under age 18 living at home.  The report states, “When parents hear that their kids are in danger, even if it’s a lie some of them believe it—particularly when the lie largely goes unanswered.” 

This swing from supporting marriage equality to voting for Prop 8 occurred several weeks before the election—following a series of TV ads that charged that schools would expose kids to inappropriate information about gay people.  This is the key weapon for marriage equality opponents and why they have won every state ballot measure in the past: scare families that children in school will be taught about the evils of homosexuality.   And there was a two and a half week delay in rebutting the ads by the No on 8 side—a costly tactical misstep—allowing the lies to sink in.

Accordingly, polling taken today does not necessarily presage similar results in the future.  When our highly motivated opponents use their proven tactics of lies and exaggeration—and they certainly will—people could be influenced to change their minds.  And conservative religious leaders will continue to use their pulpits to hammer away at the one “sin” (ignoring all the others) and framing marriage in biblical terms.  The current rosy picture we are witnessing today could be quickly crushed.

On the bright side, the Prop 8 campaign was waged without any national leaders like Barack Obama and Colin Powell expressing support for marriage equality. Their recent pronouncements could make a substantial difference with those voters in Maryland who are soft on the issue and are not tied to deep religious convictions.

But it’s critical that the folks at Marylanders for Marriage Equality do not fall into the same trap that wrecked other states’ efforts.  They should not interpret these positive news developments and poll results as a juggernaut of support.  They cannot afford to take their eye off the prize. 

Fundraising and a solid ground game is crucial.  And we must engage and galvanize our own community to be part of the effort.  There should be no perception that we have this in the bag.  

But equally as important, these leaders should read that Prop 8 report, learn from past mistakes, and use that to formulate a blueprint for this campaign.  As American philosopher George Santayana wrote, “Those who cannot remember the past are condemned to repeat it.”

Good things are happening now, but complacency can be a killer.

How Will Obama's Support Play in MD?

In a column I wrote over 6 weeks ago, “Game Changer-in-Chief,” I indicated that there was at least a 50-50 chance the Obama would come out for marriage equality before the election and it could help in thwarting a referendum attempt by marriage equality opponents.

As we are now learning, Obama had already completed his evolution on marriage for same-sex couples months ago and was planning to make the announcement probably right before the Democratic Convention in September.  However, that decision to go public was accelerated by Vice President Biden’s declaration on Meet the Press that he is “absolutely comfortable” with marriage equality.

Although not on the schedule of his choice, the president made his historic announcement on May 9 (see front page story).  It was met with enormous enthusiasm from important components of the Democratic base: gays and lesbians, voters under 40, college educated, suburban women, Hollywood types, and yes, independents who lean towards marriage equality. 

Lacking the same level of enthusiasm this cycle that was evident in 2008, the revelation was the perfect catalyst to inject much needed fervor into the 2012 campaign.  Immediate tangible results followed: the president raised around $15 million at a Hollywood fundraiser hosted by George Clooney the next night.

It is unclear how the risks and rewards will eventually play out with the election less than six months away.  Some have speculated this announcement may cost Obama among working class voters in some battleground states.  I disagree. 

This election will be about the economy unless some international event changes the trajectory.  And Obama’s public support for marriage equality will continue to generate passion, which not only translates into dollars raised but also adds volunteers and “boots on the ground” to execute an already formidable ground plan.

How this news will play out in Maryland during the near-certain referendum battle in Maryland is also murky.   Polls don’t offer many clues as the voters in the Free State are virtually split on the question of marriage equality.  But with Obama being the first black president of the U.S., there is a unique dynamic to consider.

For the earlier column, I did receive some insight as a result of polling data from OpinionWorks.  African-Americans who comprise nearly 30 percent of the state’s population are more inclined to vote against marriage equality in a referendum.  And it is expected that with Obama on the ballot in November, higher than normal turnout among African-Americans is a slam-dunk.

The independent survey taken in mid-March reveals that in Baltimore City, the state’s most populous jurisdiction, voters oppose marriage equality 49 to 35 percent.  And among African-Americans statewide, those who oppose the law outweigh supporters by a margin of 48 to 29 percent.

Those are big deficits to overcome.  The Maryland Marriage Alliance who is partnering with the Maryland Catholic Conference has reached the halfway point in obtaining the requisite number of valid signatures to place the issue of marriage equality on the ballot in November.  Many African-American pastors are aligned with this organization and have used their churches to distribute petitions to volunteers and to conduct training.

Steve Raabe, President of OpinionWorks told me in late March that if President Obama were to publicly embrace marriage equality, it could influence those African-Americans who are “soft” on the issue.

“It is likely that people with the strongest feelings on this issue have already declared

themselves, so that the referendum battle will be waged over the small number in the middle who may be coming out to vote in the presidential race, but for whom this issue is not do or die,” Raabe explained.

Still, there needs to be a plan in place to target those “soft” voters within the African-American community.  Such a plan has not yet been publicly articulated to those who are seeking marriage equality.  A lack of outreach to African-American voters in California has been cited as one of the factors in the Proposition 8 debacle in 2008.  History must not be allowed to repeat itself in Maryland.  The persuadable “soft” voters should be targeted with a robust education campaign.

The Maryland Black Family Alliance (MBFA) met in late April with Josh Levin, the new campaign manager for Marylanders for Marriage Equality, to discuss a strategy for reaching out to African-American voters, particularly in Baltimore.  Some who attended that meeting, however, voiced concerns that a clear plan has not yet been formulated. 

Levin did not respond to multiple requests to go on record to alleviate those concerns.

Nonetheless, Lea Gilmore, a founder of MBFA, who did not attend that particular meeting but participated in a follow-up meeting stated: “The MBFA is looking forward to working closely with referendum Campaign Manager Josh Levin and the marriage coalition. We will be an active, necessary and informative part of the campaign and have been assured no less. Maintaining and gaining more African-American support is crucial to a win. Of course, there have been missteps in the past, but we are looking forward and will work in partnership to ensure that our LGBT brothers and sisters retain the legal right to marry in Maryland.”

As the clock ticks down towards the election, a considerable amount of work remains.  What marriage equality advocates need to do is frame the issue as one of “equal rights,” not “civil rights,” The use of the latter term has been a key obstacle in winning over African-Americans. 

In addition, emphasis must be made that religious institutions are protected by the law.  Some are still suspicious that they will be forced to officiate same-sex unions.  And according to the above poll, those who attend church once a week—regardless of race—oppose same-sex marriage by 58 per cent to 28 percent.

President Obama’s announcement could provide cover to those who are not deeply religious and may now find a reason to vote against the referendum. A fresh, new independent poll will offer us more insight into the prospects, but a strategy that is shared with the LGBT community must be in place and soon.

Not to Lean on a Poll

It’s been a few weeks since Governor O’Malley signed the historic Civil Marriage Protection Act, which if allowed to stand, would legalize marriages for same-sex couples effective January 2013. But it may not stand because of a provision in the Maryland Constitution that enables opponents who can muster the required number of signatures (55,736 in this case) within specified timeframes to put the law before the voters in a referendum this November in an effort to overturn it.

This has been expected. When it comes to social justice and equal rights, nothing is easy. We are placing the battle to win the hearts and minds of Maryland voters in the hands of a coalition called Marylanders for Marriage Equality.

This organization, which was born last July following the near-collapse of Equality Maryland, commissioned a poll conducted by Public Policy Polling of 600 voters March 5-7 to see where we stand. The question asked by the pollsters: “The state legislature recently approved a law allowing gay and lesbian couples to legally marry in Maryland, and there is likely to be a statewide referendum in the November election on whether to keep the law. If the election were held today, do you think you would vote for or vote against the recently-approved law allowing gay and lesbian couples to legally marry?”

A week after the jubilant signing ceremony, Marylanders for Marriage Equality announced the results of the poll that revealed 52 percent of the sample of registered voters in Maryland would “definitely” or “probably” vote in favor of the state’s same-sex marriage bill while 44 percent would “definitely” or “probably” oppose it. The poll’s margin of error is +/- 4 percent.

On the surface that is good news, and marriage equality proponents should rejoice that the trend for acceptance of marriage equality has been moving steadily albeit slowly into favorable terrain. But one must be cautioned not to celebrate the poll’s results just yet; a reality check is needed.

For one thing, the poll’s margin of error means that the vote could be a 56-40 advantage, a 48-48 split, or something in between, so no conclusions can be definitively drawn just by the raw numbers. My gut says it is more likely to be the latter scenario where the results are extremely tight. And with 4 percent “unsure,” no one knows how that will break.

Furthermore, there is a theory that on social policy, some respondents to such questions tend to offer a more progressive answer and then vote differently in the privacy of a voting booth. This phenomenon is called “social desirability bias”—a tendency of respondents to answer questions in a manner that will be viewed favorably by others. They do so because they may feel under pressure to provide an answer that is deemed to be more publicly acceptable or “politically correct.” If this actually occurred during the survey, the numbers in favor of marriage equality would be reduced.

Adding to my concern is the fact this poll is just a snapshot of how the voters felt during the March 5-7 period. One cannot predict if and how the attitudes could shift come November. The opposition, mainly the National Organization for Marriage, faith-based organizations and other groups, are raising significant sums of money to saturate the airwaves and print media as well as producing hand-outs to scare voters.

They will use the same tactics employed in their previous victories where such measures have been brought to the voters: the threat that same-sex marriage will be taught in the schools and influence children. Of course, there is no reality to base these accusations but that doesn’t matter. It works.

Unless this propaganda is offset by an opposing message by marriage equality proponents, the support indicated in March will likely erode by November. And that 4 percent “unsure” category could be decisive in what appears to be a tight vote. That’s who the opponents are targeting.

And then there is the matter of who will actually vote in November. The PPP poll questioned registered voters, not likely voters. Several factors will be in play that are unfavorable in defeating the referendum. Fueled by the rhetoric from their pastors, church-going Protestant African-Americans generally oppose marriage for same-sex couples. They will vote in higher numbers than normal because of this particular issue and the fact President Obama will be on the ballot. African-Americans in Maryland constitute the second highest percentage of a state population in the country.

Moreover, older citizens who tend not to support marriage equality vote in a higher proportion than the general population. And younger voters who are for the most part supportive, participate less when it comes to voting. Yes, Obama brought out more young voters in 2008. Is that same excitement for the youth present in 2012? Then there are the anti-immigration folks who will come out to vote against the Dream Act. They’re not on our side either.

One other problem with the poll results is the risk that people will think that because of the reported 8-point spread, a positive outcome is in the bag. Nothing could be further from the truth. The last thing that marriage equality proponents need is complacency.

This battle is going to be a long, hard, expensive slog. The entire community and allies including supportive elected officials will have to dig in and help in every way possible. And we will need a major effort to engage religious African-Americans, Catholics and seniors unlike the experience in California during the Prop 8 referendum.

If we can raise large sums of money, if we do the hard work of reaching out and persuading voters, if we want to win this as much as the opponents, we can eke this out.

But right now, despite the current poll numbers, we are definitely the underdogs in this referendum.

What a Difference a Year Makes!

Last November 20, Baltimore was among the many cities that participated in the 12^th Annual International Transgender Day of Remembrance (TDOR). The proceedings took place mainly at the First Unitarian Church of Baltimore on Franklin and Charles Streets although there were several other related events around town.

This happened only a year ago, yet it seems like eons considering what has transpired since. In 2010, a few dozen trans-activists, supporters and city officials attended TDOR. There were a number of heartfelt speeches given, workshops on key topics, town hall-style meetings, enjoyable musical selections, and a bounty of food. It was followed by a moving candlelight vigil outside the church whereby there was a reading of the names and brief biographies of transgender persons or those perceived to be transgender who had died as a result of hate and prejudice.

Much of the discussion at TDOR centered on violence that target transgender individuals, homelessness, police harassment, discrimination, the effects of HIV/AIDS on the transgender community and other concerns. I recall the passion of Sandy Rawls, Kevin Clemons, Donna Plamondon, Jean-Michel Brevelle, Bill Palmer and others who dedicated themselves to this moving experience as well as the extraordinary concert given by Tona Brown later that evening.

TDOR 2010 was mostly a reflective, emotional experience and an opportunity to hold a conversation on important issues. There had been few victories to tout. Most notably in November 2002, Baltimore became the first jurisdiction in Maryland to prohibit discrimination in employment, housing, public accommodations, and credit practices based on gender identity or expression.

There is no statewide statute offering similar protections, and such attempts have been unsuccessful since 2007 and continued through the 2011 General Assembly in Annapolis. Nonetheless, a bill introduced during the 2011 session to protect Marylanders from discrimination in housing and employment based on gender identity advanced further than ever before.

The decision to exclude “public accommodations” in the bill was a tactical political decision, which was aimed at increasing the odds of passage. It fell short anyway, and the controversy surrounding the language of the bill, HB 235, sharply divided the transgender community and its supporters.

Upon completion of the 2011 session, the prevailing feeling was that efforts to ensure transgender rights in Maryland will have to be amped up. Following the near collapse of Equality Maryland, a new group, Gender Rights Maryland, was formed to push for new legislation in 2012.

On April 18, 2010, a seminal event—horrific to be sure—took place that probably changed the dynamics and altered the trajectory for achieving rights for transgender individuals. Chrissy Lee Polis, a 22 year-old trans-woman, was an unwitting hero in the cause. She was caught on video being pummeled for what seemed like an eternity by two young women—one a 14 year-old—in a Rosedale McDonalds.

As the shocking video went viral, emphasis was dramatically placed on the need for protections for transgender individuals and garnered the attention of elected officials. Governor Martin O’Malley promised to work with lawmakers to achieve those protections based on gender identity.

A community vigil and rally was quickly organized and took place a week later outside the McDonalds. It drew over a hundred activists from the LGBT community, allies and media. And the perpetrators of the assault were brought to justice with the adult, Teonna Monae Brown, sentenced to five years in prison.

With the wind at its back, the transgender community should finally see a much-deserved legislative victory in the form of a comprehensive bill in 2012. No one can predict the outcome, but I’m one who believes the governor will sign the measure into law, and it would withstand a possible petition to referendum.

Unlike the issue of same-sex marriage that will also take place next session, transgender rights do not bring to the debate much in the way of religious dogma. There are no organized groups, to my knowledge, that have been formed to fight the end of discrimination against a marginalized segment of society.

In Howard County, a sweeping bill has been recently introduced in the county council by four of the five council members. Therefore, it will be interesting to see what, if any, opposition forms and could be a gauge as to what to expect in Annapolis next year.

So as we approach the 13^th Annual Transgender Day of Remembrance, there is a renewed hope that wasn’t evident last year that important progress will be forthcoming. But we will not forget those victims that paved the way for this progress.

www.SteveCharing.blogspot.com.

Getting Their Ducks in a Row

The recent autumn snow was a stark reminder that the 2012 General Assembly that begins in January is not far off. With it comes the hope of passing a marriage equality bill and a comprehensive gender identity non-discrimination measure. Both fell short in the 2011 session but had advanced further than any time before.

A new dimension has since been added to Maryland’s upcoming battle for marriage equality. The revised redistricting plan, drawn up by state leaders and signed by Governor O’Malley, if not overturned in court, puts the 6^th Congressional District in play for Democrats for the first time since Beverly Byron last held the post in 1993. This tilt was aided by adding Democratic-rich D.C. suburbs to the district that was once confined to Western Maryland.

The 10-term incumbent Republican Roscoe Bartlett, 85, will be facing a formidable challenge from, among others, the lead sponsor of the Religious Freedom and Civil Marriage Protection Act, State Senate Majority Leader Rob Garagiola (D-Montgomery). Though he will be running in a district that still contains many conservatives, Sen. Garagiola will not shy away from his strong advocacy for marriage equality.

“If someone asks me a question out in Allegany County about same-sex marriage, I’m going to talk about it and explain my reasoning for it,” Sen. Garagiola told the Baltimore Sun. “Hopefully, those who are like-minded will be appreciative of it, and those who aren’t will at least understand my reasoning for it.”

Accordingly, marriage equality will be a hot button issue in 2012—not only in this congressional contest but it is also likely to find its way on the ballot should the bill be passed and signed into law during the upcoming session. A significant pushback is expected from a variety of religious and secular groups to thwart the legislation, and if that effort is unsuccessful, a petition to referendum is a virtual certainty. Marriage equality advocates must be ready to counterpunch in what could be the big election story of 2012 besides the presidential and congressional races.

Following the financial and leadership implosion by Equality Maryland—the heretofore principal LGBT rights organization in the state—a new group, Marylanders for Marriage Equality, was launched this past July to lead the effort to advance a marriage equality bill. MME is comprised of a coalition of progressive statewide and national organizations that should help raise money and muster volunteers to fight the battle.

The coalition includes the NAACP-Baltimore Chapter, SEIU, ACLU-Maryland, Progressive Maryland, Equality Maryland, Human Rights Campaign, National Black Justice Coalition, Gay and Lesbian Task Force, Family Equality Council, Catholics for Equality, Maryland Faith for Equality, PFLAG and Maryland NOW.

Equality Maryland, which is a key component of the coalition, has begun a turnaround. “From a structural standpoint, Equality Maryland is making steady, stepwise progress on the short-term strategic plan that we developed earlier this summer,” said Lisa Polyak, the acting chair of the Equality Maryland, Inc. Board of Directors. “We solidified our financial position by eliminating debt and improving our development efforts. We seated 16 new members to our Equality Maryland Foundation (C3) and Equality Maryland, Inc. (C4), and we are now in the process of screening suitable candidates for the job of Executive Director.”

She added that a significant Equality Maryland event will take place in Baltimore before the end of the year, which will be “headlined by more Maryland champions for LGBT equality.”

For its part, the umbrella organization, Marylanders of Marriage Equality, is also getting its ducks in a row. Similar to New York’s successful efforts in achieving marriage for same-sex couples, MME has so far garnered two local celebrities to advocate in videos for the cause: Baltimore Ravens linebacker Brendon Ayanbadejo and Baltimore native Oscar winner Mo’Nique.

"We are so grateful Baltimore native Mo'Nique is speaking out on behalf of all Maryland families," said Elbridge James of Progressive Maryland. "People from all walks of life, including gay and lesbian couples, want their children to live in a loving, stable, committed home and be protected under the law."

The video campaign is designed to raise the profile of the diverse support for civil marriage equality in advance of the 2012 legislative session. Governor O'Malley kicked off the effort last month.

MME is developing additional strategies to get the message across. “The coalition has been ramping up our grassroots efforts in recent weeks, including a Lobby Day in Annapolis, regular phone banks, which enable constituents to call their legislators, letter-writing campaigns, and using social media an as organizing tool,” said Sultan Shakir, the campaign manager for MME.”

The Lobby Day event, which occurred during the special session that produced the redistricting plan, was a targeted effort and did not include a public rally on this occasion. The coalition mobilized people of faith, parents and LGBT people to speak with their respective lawmakers about supporting civil marriage equality.

“The active participation of pro-equality supporters is vital to getting this bill over the finish line. We would encourage LGBT people to ask their moms and dads, friends and co-workers to get involved in this campaign,” said Shakir.

It’s going to require legions of volunteers and significant fundraising to realize success in the General Assembly and in the potential referendum battle. Marylanders for Marriage Equality’s coalition partners are positioning themselves to win on behalf of the LGBT community by getting their ducks in a row now.

www.stevecharing.blogspot.com

Photo: Phone banking at the GLCCB

Courtesy of the GLCCB