Referendum Threatens To Undermine Marriage Protection Act in Maryland

Paige Greene (’13)

On Friday February 24, 2012, my home state of Maryland passed the Civil Marriage Protection Act granting same-sex couples the same right to marriage as straight couples in Maryland. The House of Delegates passed the bill 72-67 during the previous week and the Senate passed it on Friday 25-22. Governor Martin O’Malley, the main sponsor of the bill, hastily signed it into law. Maryland is the eighth state in the country to legalize same-sex marriage and offer the same statewide protections and benefits for same-sex couples that already exist for straight married couples.  The Civil Marriage Protection Act grants same-sex couples the right to marriage while also maintaining the liberties of religious groups who oppose same sex marriage.

Although the vote seems like a victory for gay rights advocates and supporters in Maryland, the battle is not completely over because of a possible referendum. Maryland is one of twenty-six states that offer a popular referendum option to the public. This allows opponents of recently passed legislation the chance to repeal the law by collecting signatures on a petition that would send the law to the ballots during the next election. Citizens would then vote to maintain or repeal the law. Opponents in Maryland have already started the referendum process to repeal the law. Given the close passing margins in the House of Delegates and Senate, this issue is surely going to be divisive and close if taken to the polls. The referendum is also being used as a ploy to register voters and increase voter turnout. The assumption is that if enough people care about the outcome of this law, then they will register to vote and actually come to the polls.

Maryland came close to passing a similar bill last legislative session in February of 2011. That bill passed in the Senate with a 25-21 vote before it moved to the House of Delegates where it died just short of the 71 vote majority it needed to pass. Maryland lawmakers, Democrat and Republican, were split on this issue last year and some did not know whether to vote based on their personal views or those of their district. Maryland is over 20% Catholic and has a deep Catholic tradition because the state existed as a refuge for English Catholics in the 1700s.  It will be interesting to see if opponents of the bill receive enough votes to put this law up for repeal on a ballot. Until then, advocates for the law will continue to protest the referendum and fight for equality in Maryland.

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