Same-sex marriage ban fails

By Justin Palk, Times Staff Writer

Friday, February 03, 2006
 

 

 

 

 

ANNAPOLIS - House Republicans say they will continue to pursue a bill proposing a ban on same-sex marriage in Maryland, although they aren't saying what their options are.

Wednesday, HB 48, which would propose a constitutional amendment defining marriage in Maryland as between a man and a woman, died in the House Judiciary Committee.

Under Maryland law, such an amendment would have to be put on the ballot for voter approval before it could take effect.

Supporters of the bill will be using every procedural option open to them to try and bring the bill back, said Del. Chris Shank, R-Washington County.

But Shank refused to say what specific options were available, because the House's Democratic leadership has been manipulating the rules to block the bill from reaching the floor.

Wednesday's committee vote to kill HB 48 was unanimous.

But that vote only came after the committee voted 11-10 to amend the bill to create civil unions in Maryland, explicitly reversing part of the bill which had originally called for a ban on civil unions.

Del. Tanya Shewell, R-District 5A, who sits on the Judiciary Committee, was one of the 10 legislators to oppose that amendment.

In protest over the change, the five legislators on the committee who were listed as sponsors all withdrew their support for the amended bill.

Those legislators were the bill's lead sponsor, Delegate Don Dwyer, R-Anne Arundel County, and co-sponsors Shewell, Shank and delegates Herb McMillan, R-Anne Arundel County, and Ted Sophocleus, D-Anne Arundel County.

All four of Carroll's legislators cosponsored HB 48 as it was first introduced.

Earlier in the day, an attempt by the House's 43 Republicans and four Democrats to petition HB 48 directly to the House floor fizzled when Speaker of the House, Michael Busch, D-Anne Arundel County, abruptly ended the day's floor session.

Busch said no one had informed him that a petition was coming, and the session ended early at the request of the Judiciary Committee, which needed to prepare for its afternoon activities.

In any case, a petition would only have been appropriate if the bill had been bottled up in committee without a vote, which was not the case, he said.

Carroll's delegates were incensed at the morning's procedural gymnastics.

In his 20 years in the legislature, nothing like this has ever happened before, said Del. Donald Elliott, R-District 4B

"This is democracy at its worst," he said.

Wednesday morning's maneuvers were nothing but an attempt by the Democrats to use the rules to shield themselves from a tough vote, said Del. Susan Krebs, R-District 9B.

"Stand up and be counted, that's all I have to say," she said.

The issue of gay marriage has taken on an additional sense of urgency in Annapolis with the recent ruling by a Baltimore circuit court judge striking down the state's statute barring gay marriage.

While that ruling has been stayed, without action by the legislature, no one has any guarantees about how the case will play out in appeals, said Gov. Robert L. Ehrlich Jr.

Ehrlich said he believes that Maryland's citizens should be allowed to vote on this, although it looks now like they won't get that opportunity.

Reach staff writer Justin Palk at 410-751-5909 or jpalk@lcniofmd.com.

HB 48

What it would do: HB 48 would propose an amendment to the Maryland state constitution to state that only a marriage between a man and a woman is valid in the state. It would also have banned civil unions between same-sex couples. If approved by the General Assembly, the proposed amendment would go to the voters for approval in this fall's election.

What it would cost: HB 48 would have no cost to the state

Bill status: HB 48 received an unfavorable vote Wednesday in the House Judiciary Committee.

Source: Maryland's Department of Legislative Services