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Maryland Same-Sex Marriage Referendum (2012)

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The Maryland Same-Sex Marriage Referendum may appear on the November 2012 ballot in the state of Maryland as an initiated veto referendum.

The measure would be in response to the enactment of the Civil Marriage Protection Act on March 1, 2012, which would allow same-sex couples to obtain a civil marriage license in the state beginning January 1, 2013.[1][2] Opponents of the law are currently attempting to gather enough signatures to put the law up to referendum.[3] If passed, the referendum would repeal the law before same-sex marriages take place.

Background

2011 legislative session

Senate Bill 116, the Religious Freedom and Civil Marriage Protection Act, was an attempt to allow same-sex couples to obtain a marriage license in Maryland. The bill would have granted equal rights and protections of civil marriage to same-sex couples in the state.[4][5] The bill was approved by the Maryland State Senate following a 25 to 21 vote on February 24, 2011.[6] On March 11, 2011 the House of Delegates returned the bill to committee, halting the approval of the proposed measure. According to reports, lawmakers objected to the speed at which the measure was considered.[7]

2012 legislative session

House Bill 438, the Civil Marriage Protection Act, was introduced on February 1, 2012.[8] In this version, religious leaders, institutions, and their programs are more explicitly protected from lawsuits if they refuse to officiate or provide facilities for a same-sex marriage or couple.[9] On February 17, 2012, the Maryland House of Delegates approved the bill by a 72–67 vote.[8][10] February 23, 2012, the Maryland Senate approved the bill by a vote of 25-22.[11][12] The final bill was amended so that it would not take effect until January 1, 2013, allowing the ballot process to take its course in the event of referendum.[13]

On March 1, 2012, Governor Martin O'Malley signed the bill into law.[1][14]

Support

Supporters

The following are supporters of the veto referendum; therefore, opponents of same-sex marriage in the state:

  • In response to the pending legislation, Delegate Don Dwyer, Jr. said, "I can assure you that, should this bill come out of the House, it will go to referendum." Dwyer added that an effort to place a referendum on the ballot would begin as soon as the bill is passed.[15]
  • Sen. Nancy Jacobs said, "I don't think the votes on that board accurately represent the citizens of the state of Maryland. I think the vote on referendum in 2012 will be the vote of the people and I think this deserves to go to the people, and I'm sure it will."[16]
  • The Maryland Family Alliance is opposed to the proposed legislation.[17] Derek McCoy, president of the organization, said that if the legislation isn't stopped in the House or Senate it is critical to ensure that the a veto referendum effort is initiated.[18][19]
  • Maryland Delegate Neil Parrott has set up a website, MDPetitions.com, with the purpose of garnering votes to put the referendum on the ballot.[20]

Governor O'Malley is a Marylander for Marriage Equality, 9-28-11

Reverend Al Sharpton Speaks Out for Marriage Equality, 2-7-12

Faith Director Rev. MacArthur Flournoy speaks for Marriage Equality in Prince George's County, 2-16-12

Opposition

Opponents

The following are opponents of the veto referendum; therefore, supporters of same-sex marriage in the state:

  • Governor Martin O'Malley supports the legalization of marriage for same-sex couples.[21] At an Equality Maryland fundraiser, O'Malley said:
"It is through their eyes, the eyes of the children of gay and lesbian couples, that I have viewed this issue. This is all about the protection of families. Even people who do not yet agree with us on this issue, there is a lot of goodness in each and every individual and we need to engage in that goodness. We need to call people to that goodness."[22]
  • Clergy, faith-based leaders, community leaders, civic organizations, civil rights groups, and citizens from across Maryland have spoken out in favor of legalizing marriage for same-sex couples and many have formed a coalition of support.[23]
  • The AFL-CIO of Maryland supports the legalization of marriage for same-sex couples.[24] The NAACP-Baltimore, SEIU 1199 of Maryland, Equality Maryland, ACLU of Maryland, Progressive Maryland, and Human Rights Campaign also were members of the broad and diverse coalition to pass marriage for same-sex couples.[23]
  • Catholics for Equality praised the passage of the law and leadership of Catholics in the General Assembly, saying, "This bill not only betters the lives of lesbian and gay couples and their children, but the lives of our Catholic families throughout the state...Today’s celebration in Maryland is a reminder to all American Catholics that our faith community plays a critical role in advancing LGBT equality."[25]
  • Julie Mertus, a professor of human rights at American University, has written in opposition to the referendum arguing that civil rights legislation should not be put to a vote because it creates a "tyranny of the majority" situation.[27]

Campaign advertising

  • On September 28, 2011 "Marylanders for Marriage Equality" released the first campaign video in favor of law that would make same-sex marriage legal in the state. The video features Governor Martin O'Malley who says in the video that he plans to introduce the legislation in early 2012. The legislation, he says in the video, will protect religious freedom and equality of marital rights under the law.[28]
  • Religious leaders and faith groups have also participated in the "Marylanders for Marriage Equality" campaign. Notably, the Reverend Al Sharpton spoke out in support of civil marriage rights for committed same-sex couples. Local clergy around the state Maryland lobbied the legislature and conducted rallies of support as well.[29]

Tactics and strategies

  • Marylanders for Marriage Equality began a pledge drive in hopes of gathering support to defeat the referendum once it reaches the ballot.[30]
  • On April 11, 2012, Marylanders for Marriage Equality announced that it had hired political strategist Josh Levin to be campaign manager for the coalition.[31]

Polls

See also: Polls, 2012 ballot measures
  • A January 2012 poll by The Washington Post found that 50% of Maryland residents were in favor of same-sex marriage, while 44% were opposed. The margin of error was +/- 3.5 percentage points.[34]
  • A March 2012 poll of 600 registered voters, commissioned by Marylanders for Marriage Equality and conducted by Public Policy Polling, found that 52% of Maryland voters would "probably" or "definitely" vote in favor of the same-sex marriage bill if it is on the ballot in November; while 44% of Maryland voters would "probably" or "definitely" oppose it.[35]
Date of Poll Pollster In favor Opposed Undecided Number polled
Sept. 19-27, 2011 Gonzales Research and Marketing Strategies 48% 49% 3% 805
Jan. 23-26, 2012 Washington Post 50% 44% 6% 1,064
Mar. 5-7, 2012 Public Policy Polling 52% 44% 4% 600

note: the data shows those in favor of same-sex marriage and those opposed or undecided

Legend

     Position is ahead and at or over 50%     Position is ahead or tied, but under 50%

Path to the ballot

See also: Maryland signature requirements

In order to place a referendum question on the ballot, supporters are required to collect and submit at least 55,736 valid signatures.[36] One-third of the required number of signatures (18,579) are to be filed with the Secretary of State by May 1 and the remaining balance (37,157) to be filed by June 30.[15]

See also

 		Suggest a link

Articles

Additional reading

References

  1. ↑ 1.0 1.1 Linskey, Anne (March 1, 2012). "O'Malley to sign same-sex marriage bill today". Retrieved on 1 March 2012. 
  2. ↑ "Md. Governor Signs Bill Legalizing Gay Marriage", AP (March 1, 2012). Retrieved on 1 March 2012. 
  3. ↑ Associated Press (March 1, 2012). "Md. governor signs measure legalizing gay marriage; opponents pushing ballot referendum". Retrieved on 1 March 2012. 
  4. ↑ LGBTQNation, Majority of Maryland senators say they will support marriage equality, 14 Feb. 2011
  5. ↑ Southern Maryland Online,"Maryland Closer to Allowing Same-Sex Marriage," February 17, 2011
  6. ↑ Care2.com,"Maryland Senate Approves Gay Marriage," February 26, 2011
  7. ↑ The Washington Post,"Maryland House derails bill that would legalize same-sex marriage," March 12, 2011
  8. ↑ 8.0 8.1 House Bill 438 (Bill info). Maryland General Assembly.
  9. ↑ Volsky, Igor (January 25, 2012). "Maryland’s Same-Sex Marriage Bill Includes Most ‘Explicit’ Religious Conscience Protections". Retrieved on 19 February 2012. 
  10. ↑ "Maryland House Of Delegates Passes Marriage Equality Bill", ThinkProgress (February 17, 2012). Retrieved on February 17, 2012. 
  11. ↑ Md. gay marriage bill to become law Thursday afternoon, opponents begin referendum effort Washington Post. Retrieved February 25, 2012.
  12. ↑ Hill, David (February 23, 2012). "Maryland senate approves same-sex marriage bill". Retrieved on 24 February 2012. 
  13. ↑ Tavernise, Sabrina (February 17, 2012). "In Maryland, House Passes Bill to Let Gays Wed". Retrieved on Sabrina Tavernise. 
  14. ↑ "Md. Governor Signs Bill Legalizing Gay Marriage", AP (March 1, 2012). Retrieved on 1 March 2012. 
  15. ↑ 15.0 15.1 The Washington Times,"Maryland gay-marriage foes prepare for 2012," February 28, 2011
  16. ↑ Metro Weekly,"Maryland Marriage Opponents Gearing Up for a Referendum," February 28, 2011
  17. ↑ Maryland Family Alliance Website
  18. ↑ Stardem.com,"Maryland Family Alliance president speaks against same sex marriage proposal," September 20, 2011
  19. ↑ The Washington Post,"O’Malley says gay marriage is a defining issue in advancing equal rights," September 7, 2011
  20. ↑ ABC 7 "Maryland gay marriage opponents set up site calling for referendum," February 24, 2012
  21. ↑ The Baltimore Sun,"O'Malley raises money for same-sex marriage campaign," September 8, 2011
  22. ↑ The Baltimore Sun,"O'Malley raises money for same-sex marriage campaign," September 8, 2011
  23. ↑ 23.0 23.1 Marriage Equality Supporters Confident as Legislature Convenes Retrieved February 24, 2012.
  24. ↑ WBAL-TV,"AFL-CIO Backs Same-Sex Marriage In Md.," January 6, 2012
  25. ↑ Breaking: Gov. O'Malley Signs Marriage Equality Bill, Making Maryland Eighth State (Plus DC) to Do So MetroWeekly.com Retrieved March 2, 2012.
  26. ↑ 26.0 26.1 Annie Linskey (February 17, 2012). "Maryland lawmakers under national pressure on marriage bill". Retrieved on 20 February 2012. 
  27. ↑ Baltimore Sun "Since when do we have referendums on rights?" May 4, 2012
  28. ↑ Associated Press,"O’Malley appears in first of video campaign backing gay marriage in Maryland," October 3, 2011
  29. ↑ Clergy rally for Md. same-sex marriage bill "The Washington Blade" Retrieved February 23, 2012.
  30. ↑ Yahoo News "Maryland Same-Sex Opponents, Supporters Gear Up for Fight," March 10, 2012
  31. ↑ Washington Blade "Maryland gets campaign manager for referendum fight," April 11, 2012
  32. ↑ Washington Post,"Second battle looms if Md. lawmakers pass same-sex marriage," March 10, 2011
  33. ↑ Gonzales Research and Marketing Strategies,"Maryland Poll," January 2011
  34. ↑ John Wagner and Peyton M. Craighill (January 30, 2012). "Half of Maryland residents back legalizing same-sex marriage". Retrieved on February 17, 2012. 
  35. ↑ Annie Linskey (March 8, 2012). "Poll shows slim majority supports gay marriage in Md". Retrieved on March 12, 2012. 
  36. ↑ 2012 Statewide Referendum Petition Filing Maryland State Board of Elections. Retrieved February 26, 2012.
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