Maryland: A Blue Oasis in a Red Desert

By Steve Charing

When the elections dust settled following the “shellacking” as characterized by President Obama, it is clear that progress on LGBT rights at the national level took a step backwards, perhaps several steps. And we didn’t help matters as an estimated 31 percent of LGBT folks voted Republican this year compared to 28 percent in ’08.

I am not certain that these numbers are completely accurate, but if true, it means more LGBT Americans voted for the GOP, ignoring the fact that the party continues to remand us to second-class citizenship. Sure, there were those who wanted instant gratification from President Obama and decided to “punish” him. He is to blame, according to critics, and Congress is as well, for not fast-tracking key LGBT legislation.

Obama campaigned on a pro-LGBT rights platform, and aside from a record-shattering number of LGBT appointments in his administration and the passage of a comprehensive hate crimes bill, we still have ENDA languishing in the Congress, and the repeal of “Don’t Ask, Don’t Tell” is very much in doubt thanks to John McCain and his band of merry bigots.

In retrospect, if Obama was dedicated to our issues, he could have pushed these initiatives when he had the window of opportunity knowing the mid-terms would likely be crippling, as they tend to be.

It seems that a third of our community would rather delay these rights indefinitely out of anger with the President. Do they really think they would have a better shot at success with a party that essentially despises us? Talk about voting against one’s own interests.

So there we have it. New House Speaker John Boehner with the gaudy score of zero out of a hundred by the Human Rights Campaign grading system will be keeping our issues in the closet. So forget any progress on the national stage for at least the next two years. We may even have to play defense with talk of another Federal Marriage Amendment rearing its ugly head.

Maryland, thankfully, was a different story. Anti-equality Bob Ehrlich saw his political career take a devastating hit as Governor O’Malley “shellacked” him by 13 percentage points—double the margin in 2006. For our community it means that should marriage equality or gender identity protections bills ever make it out of committee and passed by the legislature, O’Malley vowed to sign it.

There are a significant number of skeptics, including Attorney General Gansler, who feel such legislation will not take place. He is of the mindset that only the courts will provide that level of equality. We will see. But had Ehrlich regained his old job, it was a certainty that nothing would succeed legislatively for our community.

Bucking the trend nationwide, most other Democratic incumbents retained their seats in the legislature. But the one exception, Representative Frank Kratovil (1st Congressional District), could not hold on and lost to homophobic right wing extremist Republican Andy Harris. Hopefully, after the next two years, the voters in that district will wake up.

On a more positive note, we will no longer have to deal with one of the most anti-gay legislators of modern times, Alex X. Mooney. He was finally defeated after declining margins of victories in his past three campaigns by a pro-equality former Mayor of Frederick, Ron Young.

There remains other homophobes in the State House—Nancy Jacobs, Donald Dwyer, and Emmett Burns come to mind. We’re not out of the woods yet. But our chances were given a boost by the election of three LGBT candidates: Luke Clippinger, Mary Washington and Bonnie Cullison. They now join four other openly gay legislators giving Maryland one of the highest number of out gays and lesbians to hold statewide office.

In the case of Mary Washington, her victory was historic in that she became the first out African-American lesbian to serve in the Maryland legislature and only the second one in the nation.

Also historic was the election of Byron Macfarlane to Howard County’s Register of Wills. By winning this tight contest that was decided by counting absentee and provisional ballots ten days after the election, Macfarlane became the first openly gay county-wide official in Maryland history. He defeated a 6-term Republican incumbent Kay Hartleb.

Despite a few disappointing exceptions this election, Maryland remains a blue state oasis in a national desert of red. As we head towards Thanksgiving, that is something to appreciate.

Photo by Lisa Polyak

Photo caption: Our new LGBT caucus--from left: Sen. Rich Madaleno, Delegates Anne Kaiser, Heather Mizeur, Mary Washington, Maggie McIntosh, Luke Clippinger and Bonnie Cullison.

www.SteveCharing.blogspot.com.

An Open Letter to Governor Martin O'Malley

Move Maryland forward and support marriage equality.

Dear Governor O'Malley,

The historic ruling by U.S. District Court Judge Vaughn Walker that struck down Proposition 8 on constitutional grounds sent a seismic reaction that has spread to Maryland. Aside from the extreme fringes who bemoan the decision because Judge Vaughn is gay and, therefore, biased (a red herring if there ever was one), the decision had been met quite favorably by media, pundits and most importantly, folks across the U.S.A.

The point is, Governor, same-sex civil marriage is inevitable in the Free State, and it would behoove you to be on the right side of history. To heighten the chances for re-election, you should declare your support for marriage equality during this campaign, and I will explain why.

You are embroiled in, what many believe to be, a very tight election battle. Your re-election is no cinch, to say the least. You are facing mounting voter discontent for a variety of reasons, placing incumbents like yourself in a perilous position. Moreover, this is an off-year election, which, as you know, historically brings lower voter participation. There is no exciting candidate like Barack Obama to drive turnout. Because of this, voter enthusiasm, monetary support, and, yes, turnout, particularly among your base supporters, are crucial.

A significant part of your base is the lesbian, gay, bisexual and transgender community. But please keep in mind that what impacts the LGBT community also radiates to others: family members, co-workers, friends and neighbors as well as like-minded allies who believe in equality for gays and lesbians. The numbers among these groups are far greater than what you may ordinarily assume if taking into account only the lgbt population.

In this off-year election with its likely reduced voter turnout, enthusiasm within this group will be needed to help achieve your goal. Right now, the LGBT community is not enthusiastic about you primarily for your stance on same-sex marriage.

While it is true that our community is not enamored with the record of your opponent Robert L. Ehrlich, Jr. concerning LGBT equality, that shouldn't be a signal that the community would automatically vote for you. As I mentioned previously, enthusiasm is key. That translates into donating and raising funds, working on the ground, and voting. Without that passion, your struggle for re-election magnifies. They may not vote for Ehrlich; they may simply stay home.

Deep down, I know you favor equality and non-discrimination for all Marylanders including the lgbt community. You have demonstrated that as Mayor of Baltimore, which was greatly appreciated. Our community supported you in droves in 2006 and is looking for a reason to do so again in 2010. But simply being the anti-Ehrlich will not suffice.

I realize the political calculus is different in a statewide election, but please consider these points:

1. Democrats in Maryland outnumber Republicans 2 to 1. Get the Democratic voters to the polls and you win.

2. Those voters who oppose marriage equality generally would not vote for you anyway. Governor, you'd be best served by concentrating on your base of support and the persuadable center of the political spectrum and not waste time and resources trying to change the minds of the right wing.

3. Your continued support for civil unions satisfies nobody. The folks who oppose marriage equality will not vote for you even if you advocate for civil unions. And progressive supporters are turned off by a separate but equal solution to the issue.

4. Attorney General, Douglas Gansler, in issuing his legal opinion that recognized the valid marriages of same-sex couples conducted in other jurisdictions, has been a forthright and a strong backer of marriage equality. The consequence of his unambiguous support: no one is opposing him for his re-election.

5. A Washington Post poll conducted in May indicated for the first time that more registered voters in the state favor same-sex marriage than oppose.

The default position of being cautious during this particular election campaign has an immense downside, but a courageous stand on marriage equality has a huge upside. You can easily announce that after reading Judge Walker's 193-page opinion that as Governor you do not see a state's interest in discriminating against gays and lesbians here. You want all citizens of Maryland protected under the law, specifically, the Equal Protection clause of the Fourteenth Amendment. And I am certain you wouldn't want a family member to be treated as a second class citizen any more than you would want to see the rest of the state's population victimized by discrimination.

Governor, you demonstrated a tremendous amount of zeal in your quest to repeal the death penalty. I ask that you show a similar degree of passion in standing up for same-sex marriage. State emphatically that you have seen the light; that the ruling in California provided you with a new perspective. Let Mr. Ehrlich try to fight you on the issue of fairness and equality versus discrimination. Let him keep his extreme conservative votes. That's a battle you should welcome in a state with a huge Democratic margin and a populace trending towards marriage equality.

It is the right thing to do, and with the expected rising enthusiasm among your base as a result, it will likely help you get re-elected.

www.stevecharing.blogspot.com

Ehrlich Redux

The former governor wants his old job back. What does it mean for us?

By Steve Charing

The much ballyhooed re-entry to the political arena by former Republican Governor Robert Ehrlich is now official. He will once again go head-to-head against Governor Martin O'Malley in November but this time as a challenger and not an incumbent as was the case in 2006.

Seeing what he perceives as a Republican resurgence and anti-incumbent sentiment, the former governor is staking his political career on a gamble to win back the Governor's Mansion. And a gamble it surely is.

Maryland is a state that holds a 2 to 1 advantage by Democrats over Republicans. And almost as important, O'Malley has a war chest of around $5 million while Ehrlich's is about $140,000. While Ehrlich surrogates maintain this election is about the message and the messenger, money in the till will ultimately determine the effectiveness of the message as well as the messenger.

As governor from 2003-2006, Robert Ehrlich didn't distinguish himself much. Senate President Thomas V. Mike Miller described Ehrlich as "lazy." He was known more for his battles to adopt slots as a source of state revenue, his frequent skirmishes with the Democratic-controlled legislature and the print media, and his penchant for raising taxes and calling them "fees" than any major accomplishment. Moreover, he did not address the structural problems with the budget that still plagues the current administration.

Ehrlich's defeat to O'Malley in 2006 was due in part to his record as governor but also to the anti-Bush and by extension anti-Republican tide that was sweeping the country. Nonetheless, Ehrlich's loss was unique in that he was the only sitting governor, regardless of party, to be upended in the 2006 election.

For LGBT citizens of Maryland, Ehrlich displayed much of the anti-gay record which characterized his tenure as state delegate and as a member of the U.S. Congress. Unfortunately, he always considered gay rights to be "special rights." Ehrlich's record in Congress earned him a score of only 25 out of 100 from the Human Rights Campaign. Although he ran as a moderate in a heavily Democratic state, when it came to lgbt issues, he governed from the right—the far right in fact.

Ehrlich's grossest misfire was vetoing the Medical Decision-Making Act in 2005 that prevented members of same-sex couples from visiting a sick partner in the hospital as well as other provisions designed to give unmarried couples—gay and straight—the right to make key medical decisions. He also vetoed the Transfer & Recordation Tax Exemption Bill aimed at tax relief for gay and lesbian couples.

These vetoes resulted in a strong rebuke by lgbt activists and put Ehrlich squarely in the camp of the right wing. "He is a pawn of the far right elements of the Maryland Republican Party, who have as many moderates in the General Assembly as I can count on two hands,” said then executive director of Equality Maryland Dan Furmansky at the time. “Unfortunately, he is a coward that is afraid to stand up to the anti-gay zealots who have officially taken over the Republican Party in this state.” Ehrlich did go along with a revised measure the following year—an election year.

Moreover, Ehrlich was a staunch opponent of same-sex marriage and vowed that such a policy would not happen on his watch. This was mind-boggling considering he had employed two openly gay men as his chiefs of staff.

Ehrlich's record during his public service career will not provide a reason for lgbt Marylanders to celebrate should he overcome the odds and be elected in November. For his part, however, Governor O'Malley hasn't exactly enthralled us either during his term.

Although O'Malley was supportive of most LGBT issues as Mayor of Baltimore and as a member of the City Council, he has been rather tepid on lgbt issues during his term as governor. He has not come out for marriage equality but would sign such a bill if presented to him, and he opposes a constitutional amendment to ban it. O'Malley favors civil unions, and he has extended domestic partnership benefits to state employees. But O'Malley certainly has not been a leader on these issues.

It has been disappointing that with a Democratic governor and a legislature that has huge Democratic majorities, key legislation on marriage equality and transgender protections have not been passed during these past four years. There are several factors in play; it seems that it will have to wait at least another year. But that is only if Ehrlich fails in his bid; it would take longer otherwise.

Handicapping the election seven months away is a daunting challenge. The anti-incumbency sentiment could fade as the economy picks up, and that would take any steam out of the Ehrlich express. And few voters wax nostalgic for the Ehrlich years as they were marked by strife and a lack of remedies to the overall budget morass.

But O'Malley who only won by about seven percent in 2006 is not especially popular. The economy could continue to falter, which fairly or unfairly could be problematic for the governor. And linking Ehrlich to Bush won't be as effective this time around.

LGBT citizens who have staunchly supported O'Malley in the past may not have the same degree of enthusiasm this cycle, which could affect contributions as well as votes. And not all gay folks vote according to lgbt issues. But I'm betting that for those folks where lgbt issues matter, O'Malley will still garner the vast majority considering the alternative.

www.SteveCharing.blogspot.com.