Could gay marriage bill pass? Local delegates may play big role in fight

Baltimore Messenger 09/26/07
By Adam Bednar

Gay and lesbian couples who want the right to marry in Maryland are going to have to convince state lawmakers to pass legislation legalizing civil marriage.

And legislators from north Baltimore could play key roles.

The state's Court of Appeals ruled Sept. 18 that a 1973 statute defining marriage as being between a man and a woman is constitutional, but also said state lawmakers have the ability to change the law.

However, local lawmakers who serve on the House Judiciary Committee said they are not convinced such legislation ever would be passed in the committee, let alone by both houses of the General Assembly.

The committee's vice chairman, Del. Sandy Rosenberg, of District 41, was unwilling to predict whether or not such legislation would make it out of the committee this year. He said he would have to poll committee members to see where they stand on approving any civil marriage legislation.

The hot-button issue of gay marriage in general has been debated in the committee before. Last year, Del. Don Dwyer, of Glen Burnie, introduced a bill to define marriage as being between a man and woman, but the legislation died in committee.

Rosenberg, whose district includes the Village of Cross Keys, Mt. Washington, Roland Park, Cold Spring-Newtown and Cheswolde, said he personally supports granting legal protections for gay and lesbian couples, but stopped short of backing civil marriages.

"I think we should provide a legal situation for people in committed relationships beyond the traditional relationship of a man and woman," Rosenberg said.

Del. Curt Anderson, of District 43, also a member of the Judiciary Committee, expects to see some support for a civil marriage bill in the committee but doesn't believe legislation would get enough traction to become law anytime soon.

"Because it's a new issue, it may take years," he said.

Anderson, who represents Homeland, Guilford, Tuscany-Canterbury and Cedarcroft, said he thought the Court of Appeals made the right decision last week when it opted not to overturn the 1973 statute.

Although not opposed to providing legal protections to same-sex couples, Anderson said it is not the court's job to change state laws.

"The decision, I think, is correct because that kind of policy needs to be decided by the state legislature," Anderson said.

Del. Frank Conaway Jr., of District 40, said he doubts a civil marriage bill ever will be enacted in Maryland.

Conaway said allowing civil marriage for gays and lesbians will open the floodgates to the state having to recognize other unconventional relationships, such as polygamy.

Conaway represents Hampden, Charles Village, Remington and Mt. Vernon. His father is Frank Conaway Sr., Baltimore City Clerk of Circuit Courts. In 2004, Conaway Sr. was named in a lawsuit brought by the American Civil Liberties Union and by several gay and lesbian couples who wanted the right to marry.

Although the younger Conaway is opposed to civil marriage for same- sex couples, he also voted against the Dwyer bill to define marriage as being between a man and a woman.

"I felt it wasn't my part to define that, and the judges should define that," Conaway said.

Lisa Polyak, of Homeland, said that as she drove through the neighborhood Sept. 18, her daughter, Devi, 8, looked at signs proclaiming, "Civil marriage is a civil right."

She said Devi told her, "I hope they (judges) see enough signs."

A few hours later, Maryland's highest court rejected a lawsuit challenging a Maryland statute that defines marriage as between a man and a woman.

"I don't know how many more signs they needed," Polyak said, fighting back tears as she and her partner, Gita Deane, held a news conference outside their church, Brown Memorial Presbyterian, soon after the ruling was announced.

Polyak and Deane were among at least nine gay and lesbian couples around the state who joined a lawsuit against the state as plaintiffs after applying for and being denied marriage licenses in 2004.

Last year, a Baltimore City Circuit Court judge ruled that the ban violated the state constitution. The appeals court, however, found that the 1973 law does not discriminate based on gender and does not violate constitutionally guaranteed rights to equal protection or due process. The appeals court also found that the law is related to a legitimate government objective.

Deane and Polyak were joined by several other teary-eyed couples and an American Civil Liberties Union lawyer in denouncing the appeals court's 4-3 ruling.

Polyak and Deane both called the ruling "unnecessarily cruel."

Polyak said the toughest part will be explaining the ruling to daughters Devi and Maya, 11. "I wish those judges would have to face my children today," she said.

But Polyak praised her neighbors for posting pro-civil marriage signs in their yards, and said, "Homeland has been a supportive environment, and we're happy to be a part of that community."

Both said they will continue to push for the legislature to strike down the 1973 statute.

Bryan Sears contributed to this article.