Same-sex marriage in Maryland

Last updated

Same-sex marriage has been legally recognized in Maryland since January 1, 2013. In 2012, the state's Democratic representatives, led by Governor Martin O'Malley, began a campaign for its legalization. After much debate, a law permitting same-sex marriage was passed by the General Assembly (Maryland's bicameral legislature, composed of the Senate and the House of Delegates) in February 2012 and signed on March 1, 2012. The law took effect on January 1, 2013 after 52.4% of voters approved a statewide referendum held on November 6, 2012. The vote was hailed as a watershed moment by gay rights activists and marked the first time marriage rights in the United States had been extended to same-sex couples by popular vote. [1] Maryland was the ninth U.S. state to legalize same-sex marriage. [a]

Contents

Upon the rise of the same-sex marriage movement in the early 1970s, Maryland established the first law in the United States that expressly defined marriage to be "a union between a man and a woman". Attempts to both ban and legalize same-sex marriage in the 1990s and 2000s failed to gain enough support from central committees of the General Assembly. Roman Catholic authorities throughout the state were adamantly opposed to the legalization of same-sex marriage, saying it deeply conflicted with the best interests of society, [2] and would threaten religious liberty. [3] The debates produced disputes between individuals who had been traditionally aligned on causes and prompted sharp criticism from African-American religious leaders who said same-sex marriage would "disrupt the fabric of the culture". [4]

Before passage of the Civil Marriage Protection Act, the state recognized same-sex marriages performed in other jurisdictions following the 2010 release of a legal opinion from Attorney General Doug Gansler in his nine-month analysis of comity laws. In 2012, the Maryland Court of Appeals maintained Gansler's analysis and issued a unanimous decision in Port v. Cowan finding that a same-sex marriage performed out-of-state must be considered equal and valid under state law, despite its earlier decision in Conaway v. Deane in 2007, in which the court upheld the statutory ban on same-sex marriage as constitutional. [5]

The Maryland State House, the meeting place of the Maryland General Assembly in Annapolis Maryland State House3.jpg
The Maryland State House, the meeting place of the Maryland General Assembly in Annapolis

Background

Maryland holds a unique place in the history of same-sex marriage in the United States. [6] In 1973, it became the first U.S. state in the nation to define marriage as "a union between a man and a woman", expressly banning same-sex marriage. [7] [8] The Maryland General Assembly passed the law a short time after voters in the state ratified Article 46 of the Maryland Declaration of Rights, commonly referred to as the Equal Rights Amendment, in November 1972. [9] The constitutional provision prohibited discrimination in equality of rights on the basis of sex. [10] In 1975, a marriage license was issued to two women, Michele Bernadette Bush and Paulette Camille Hill, in Montgomery County. Although the county clerk had issued the license and Attorney General Francis B. Burch had published an opinion that county officials could not challenge the validity of the marriage, the license was later revoked. [11]

During the 1990s, attempts to both ban and legalize same-sex marriage did not pass through the General Assembly. [12] [13] [14] After a committee in the Maryland House of Delegates voted in March 2004 to reject a pair of marriage bills that would have submitted a constitutional amendment against same-sex marriage to voters and invalidated same-sex marriages performed in another state or foreign country, the American Civil Liberties Union (ACLU) and Equality Maryland filed a lawsuit, Deane & Polyak v. Conaway, [15] to challenge the existing law on behalf of nine same-sex couples and one bereaved man whose partner had died. [16] The lead plaintiffs, from whom the case received its name, were Gita Deane, a learning specialist at Goucher College, and her partner Lisa Polyak, an environmental engineer for the U.S. Army Medical Department. [17] The plaintiffs had applied for marriage licenses in several different counties but were denied by county clerks. [18] [19] In their complaint, the plaintiffs argued that the state's statutory ban on same-sex marriage violated constitutional protections of due process, equality, and prohibitions against sex discrimination in Articles 24 and 46 of the Maryland Declaration of Rights. [15] [18]

In January 2006, Baltimore Circuit Court Judge M. Brooke Murdock granted summary judgment to the plaintiffs, [20] writing that "Family law §2-201 violates Article 46 of the Maryland Declaration of Rights because it discriminates, based on gender against a suspect class, and is not narrowly tailored to serve any compelling governmental interests." [9] She added that "tradition and social values alone cannot support adequately a discriminatory statutory classification", [21] because "when tradition is the guise under which prejudice or animosity hides, it is not a legitimate state interest." [22] The judge immediately stayed the decision pending an appeal by the Attorney General of Maryland, [20] J. Joseph Curran Jr., which occurred later that day. [23]

While the decision was favored by the plaintiffs, gay rights groups and their supporters, including more than 100 religious leaders and child welfare advocates across the state who filed amicus briefs, [23] [24] other local religious leaders and evangelical ministers were upset by the decision and looked to state legislators to propose a constitutional ban on same-sex marriage. [25] Such an amendment was favored by Governor Bob Ehrlich who said "my politics on this are very clear. We're going to protect marriage. Traditional marriage." [26] In February 2006, the proposed ban was rejected after opponents successfully amended it to legalize civil unions. [27] [28] Consequently, Delegate Don Dwyer introduced a resolution to impeach Judge Murdock in 2006, alleging "misbehavior in office, [willful] neglect of duty, and incompetency" for her trial court decision. [29] In 2007, he introduced a law that would ban discussion of same-sex unions in public schools. [30] [31] One lawmaker said "It is a clear attempt to intimidate judges and to make the judiciary subservient to the legislature", and Michael Conroy, former president of the Maryland State Bar Association, said that "No basis in fact or law exists to support any suggestion to impeach Murdock for her recent decision on same-sex marriage." [32] David Rocah, an attorney for the ACLU, called the resolution "a frivolous, dangerous and extremist response from the lunatic fringe." [29] Both of the measures failed to pass through committee. [32]

Conaway v. Deane & Polyak

The Court of Appeals, Maryland's highest court, agreed to hear the state's appeal in 2006, bypassing the intermediate court. [33] To the surprise of spectators, there were almost no questions from the judges during oral argument, which took place on December 4, 2006, [33] causing speculation that the court may have taken the appeal just to reverse the Circuit Court ruling. [33] On September 18, 2007, the court issued its decision in Conaway v. Deane & Polyak, overturning the trial court ruling for the plaintiffs in a 4–3 decision, and holding that the statutory ban on same-sex marriage did not violate the Maryland Constitution. [5]

Judge Glenn T. Harrell, Jr. wrote that, because the statute equally barred both men and women from marrying partners of the same sex, it was not discriminatory on the basis of sex and thus did not violate the Equal Rights Amendment (ERA) as plaintiffs had argued. [34] [35] Judge Harrell said that the ERA was intended to prohibit sex discrimination against women and did not apply to this case, which he said was a matter of sexual orientation. [35] Judge Lynne A. Battaglia wrote a dissenting opinion stating that the statutes and ordinances in Maryland barring discrimination based on sexual orientation, in addition to the state's lack of prohibiting adoption by same-sex couples and its recognition of same-sex couples as co-parents, support the argument that denying committed same-sex couples the full benefits and privileges of marriage is not related to any rational government interest. [36] Judge Battaglia said she would have remanded the case to circuit court for a full trial in order to settle what she deemed a central factual issue: whether the state could demonstrate that it had "broad societal interest" in retaining marriage in the traditional form. [5] The dissenting opinion from Chief Judge Robert M. Bell faulted the majority for not recognizing gay people as a suspect class in need of protection from discrimination. [5] He dismissed the majority view that gays and lesbians are politically empowered and should not be viewed as constituting such a class. [5]

Evan Wolfson, founder of Freedom to Marry, said that the decision was "deeply flawed" because the 4–3 majority did not answer the question of how denying marriage to same-sex couples affected the ability of heterosexual couples to procreate. [37] President of the Human Rights Campaign, Joe Solmonese, called the decision a "setback" and Ken Choe, the ACLU attorney who argued on behalf of the plaintiffs, expressed hope that, unlike the majority of the bench, the General Assembly would be able to see "that lesbian and gay couples form committed relationships and loving families just like heterosexual couples": [37] [38]

We're hopeful that, unlike the court, the legislature will see that lesbian and gay Marylanders shouldn't be barred from the hundreds of important protections that come with marriage simply because the person whom they love is a person of the same sex.

Recognition of out-of-state marriages

Gansler opinion

State Senator Richard Madaleno requested in 2009 that Attorney General Doug Gansler answer the question of whether same-sex marriages could be recognized by the state. [39] In February 2010, Gansler issued an opinion after a nine-month analysis of state laws, [40] stating that valid same-sex marriages performed in states that permit same-sex marriage could be recognized under Maryland law. [39] [41] Gansler stated that the opinion was not binding on the courts, and state agencies could begin immediately to recognize out-of-state same-sex marriages. [39] [40] He said that he expected the opinion to be quickly challenged in court. [40]

The opinion garnered negative reactions from some Republicans, socially conservative Democrats, and several African-American lawmakers, including delegates Emmett C. Burns, Jr. and Don Dwyer, who spoke out against the opinion and promised to initiate impeachment proceedings against Gansler. "It is not up to the attorney general, and that's the reason I will be bringing charges of impeachment," Dwyer said in a statement where he described the Attorney General as usurping the law. [40] The Roman Catholic Archbishops of Washington and Baltimore and the Bishop of Wilmington also took "strong exception" to the decision. [39] [40]

Port v. Cowan

Recognition of same-sex marriages from other states became precedent when the Court of Appeals ruled in a case from Prince George's County in May 2012. The couple, two women who had legally married in California, had been denied a divorce by the circuit court. [42] On May 18, 2012, the Court of Appeals published a unanimous ruling in Port v. Cowan that validated the marriage of Jessica Port and Virginia Cowan because it said "no viable decision by the Court had deemed a valid foreign marriage to be 'repugnant'" even if the marriage was void or punishable as a crime were it performed in Maryland. [43] The opinion cited conflicts that arose from decisions in Anne Arundel and St. Mary's counties where two same-sex couples had their petitions for divorce granted, and another case in Baltimore where it was denied. [42] [44] The decision of the court was based on the state's traditional use of the common law doctrine of comity, which specifies that Maryland "will give effect to laws and judicial decisions of another state or jurisdiction, not as a matter of obligation but out of deference and respect." [42]

Legislative action

Early bills and domestic partnerships

After the Court of Appeals upheld the statutory ban on same-sex marriage in 2007, State Senator Gwendolyn Britt of Landover Hills, along with delegates Victor R. Ramirez and Ben Barnes, sought to sponsor a marriage bill in the General Assembly. [45] On January 12, 2008, Britt died of heart failure. [46] The executive director of Equality Maryland, Dan Furmansky, who originally approached Britt to sponsor the legislation, said her death was a "devastating loss, but civil rights struggles are greater than any one person, and as our fight for equality in Maryland continues, her spirit will be with us." [46] On January 25, 2008, the Religious Freedom and Civil Marriage Protection Act was introduced to the House of Delegates. [47] The Senate version of the bill was introduced by senators Richard Madaleno and Jamie Raskin the same day. [48] [49] Advocates held a rally in support of the bill on February 11, 2008, but it ultimately failed in committee, [50] alongside a constitutional ban introduced by Don Dwyer. [51]

While early efforts to legalize same-sex marriage failed, the General Assembly approved two laws in 2008 that grant all unmarried couples certain domestic partnership rights, including the ability to make hospital and nursing home visits, end-of-life choices and other medical decisions, as well as rights to joint property ownership. [52] Domestic partners must be at least 18 years old and be able to provide an affidavit attesting to their relationship along with two documents, such as joint checking accounts, mortgages or car leases, coverage on health insurance policies or the designation as a primary beneficiary in a will. [53] The laws went into effect on July 1, 2008. [54]

Civil Marriage Protection Act

Governor Martin O'Malley with supporters at a Marriage Equality Press Conference in Annapolis Martin O'Malley Marriage Equality Press Conference.jpg
Governor Martin O'Malley with supporters at a Marriage Equality Press Conference in Annapolis

First introduction and rejection

The General Assembly first considered the Civil Marriage Protection Act in 2011. Governor Martin O'Malley stated that he would sign the bill, despite urges from Archbishop of Baltimore Edwin Frederick O'Brien requesting that he "resist pressure to do so". [2] O'Malley said "I have concluded that discriminating against individuals based on their sexual orientation in the context of civil marital rights is unjust. I have also concluded that treating the children of families headed by same-sex couples with lesser protections under the law than the children of families headed by heterosexual parents, is also unjust." [2] On February 24, 2011, the Senate, which was thought to be the biggest obstacle to passage, approved the bill in a 25–21 vote. [55] The House of Delegates proved to be a challenge, where same-sex marriage advocates struggled to gain support from social conservatives from Prince George's County, southern Maryland and the Baltimore suburbs, who cited religious concerns. [56]

The debate highlighted disagreements between openly gay lawmakers and some black lawmakers on whether same-sex marriage is a matter of civil rights. [57] Delegate Emmett C. Burns, Jr. said: "If you want to compare same-sex marriage to civil rights as I know it, show me the Ku Klux Klan that invaded your home." [57] Delegate Keiffer J. Mitchell, Jr., grandson of NAACP chief lobbyist Clarence M. Mitchell, Jr., [56] said "It is a civil rights issue when we as a state and a government deny equal protection under the law." [58] Several delegates who originally co-sponsored the bill began to express doubts after being lobbied by church-going constituents, including Sam Arora, [59] and Tiffany Alston, who delayed the bill's vote in the House committee by skipping the voting session. [55] The bill passed through the committee after its chairman, who rarely votes in committee, voted in favor. [55] The House majority whip opposed the bill. [55] Despite pleas from gay lawmakers, the House of Delegates voted to send the bill back to committee on March 11, 2011 and would not reconsider it before January 2012. [55]

Passage and referendum

Results of Question 6 (2012) by county
Yes
.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
60-70%
50-60%
No
70-80%
60-70%
50-60% 2012 Maryland Question 6 results map by county.svg
Results of Question 6 (2012) by county

The Civil Marriage Protection Act was reintroduced to the General Assembly on January 23, 2012. [60] The new version of the bill contained provisions that more explicitly protects religious leaders, institutions, and their programs from legal action if they refuse to officiate or provide facilities for a same-sex marriage or couple as a matter of their doctrine. [61] During the legislative process, several high-profile political figures attempted to persuade legislators to vote in favor of the bill, including former President Bill Clinton, former Vice President Dick Cheney, Terry McAuliffe, and Ken Mehlman. [62] The House of Delegates passed the bill with a 72–67 vote on February 17, 2012 and the Senate passed with a 25–22 vote on February 23, 2012. [63] [64] To secure support from some lawmakers who desired to submit the law to a public referendum, the bill was amended to take effect on January 1, 2013. [65]

February 17, 2012 vote in the Maryland House of Delegates
Political affiliationVoted forVoted againstAbsent (Did not vote)
  Democratic Party
  Republican Party
Total 72672
February 23, 2012 vote in the Maryland Senate
Political affiliationVoted forVoted againstAbsent (Did not vote)
  Democratic Party
  Republican Party
Total 25220

Governor O'Malley signed the bill on March 1, 2012. [66] [67] In June 2012, referendum supporters submitted 109,313 valid signatures to the State Secretary, John P. McDonough, [68] more than the 55,736 required for a ballot in Maryland. [69] The language of Question 6 informed voters that the Civil Marriage Protection Act would allow same-sex couples to obtain a civil marriage license, protect clergy from having to perform any particular marriage ceremony in violation of their religious beliefs, and affirm that each religious faith has exclusive control over its own theological doctrine regarding who may marry within that faith. [70] On November 6, 2012, the measure passed with 52.4% of the vote. [71] [72] On November 29, 2012, Attorney General Gansler issued a legal opinion stating that court clerks could accept applications for marriage licenses immediately and issue them on December 6, 2012, as long as the effective date on the licenses specified January 1, 2013. [73] 20 out of the 23 counties in Maryland and the city of Baltimore chose to issue the licenses ahead of schedule. [74] Among the first couples to be issued a license were Jessie Weber and Nancy Eddy, who received a marriage license at the Clarence M. Mitchell Jr. Courthouse in Baltimore. "It's important from a legal standpoint, to have the protections of marriage. But even more than that, it's affirming to be recognized by the state. Our ceremony was with our community, our family, our friends, but this feels like being with the entire state. So this is really special", Weber said. [75] The first marriages were solemnized on Tuesday, January 1, 2013. The Mayor of Baltimore, Stephanie Rawlings-Blake, married six couples at Baltimore City Hall that day. [76]

Maryland statutes now state the following: [77]

Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State. [MD Fam L Code § 2-201 (2013)]

Economic impact

A study from the University of California, Los Angeles estimated in 2007 that extending marriage rights to same-sex couples would result in a net gain of approximately $3.2 million each year to the state budget. [78] The study drew on data from the U.S. Census Bureau and Maryland statistical reports. The gain is attributable to savings in expenditures on means-tested public benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism. [78]

Another Williams Institute study conducted in February 2012 estimated that in the first three years of legalization, Maryland same-sex couples would generate between $40 and $64 million for the state economy, in addition to whatever revenue out-of-state couples bring. [79] Several dozen small employers in the state have also said that same-sex marriage would be good for their businesses, helping to attract and retain talent. [80]

Demographics and marriage statistics

Data from the 2000 U.S. census showed that 11,243 same-sex couples were living in Maryland. By 2005, this had increased to more than 15,600 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state and constituted 1.0% of coupled households and 0.6% of all households in the state. Most couples lived in Baltimore, Montgomery County, and Prince George's County. Same-sex partners in Maryland were on average younger than opposite-sex partners, and more likely to be employed. However, the average household income of same-sex couples was lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 21% of same-sex couples in Maryland were raising children under the age of 18, with an estimated 5,900 children living in households headed by same-sex couples in 2005. [81]

40,456 marriages were performed in Maryland in 2013, an increase of 23% from the year prior thought to be largely attributed to the legalization of same-sex marriage on January 1. [82] The state had not recorded such a significant increase in the number of marriages since 1970. [83]

The 2020 U.S. census showed that there were 12,969 married same-sex couple households (5,427 male couples and 7,542 female couples) and 8,488 unmarried same-sex couple households in Maryland. [84]

Public opinion

Public opinion for same-sex marriage in Maryland
Poll sourceDates administeredSample sizeMargin of errorSupportOppositionDo not know / refused
Public Religion Research Institute March 9 – December 7, 2023 375 adults ?71%27%2%
Public Religion Research Institute March 11 – December 14, 2022  ? ?71%26%3%
Public Religion Research Institute March 8 – November 9, 2021  ? ?75%25%>0.5%
Public Religion Research Institute January 7 – December 20, 2020 1,037 adults ?68%29%3%
Public Religion Research Institute April 5 – December 23, 2017 1,220 adults ?66%25%9%
Public Religion Research Institute May 18, 2016 – January 10, 2017 1,727 adults ?59%32%9%
Public Religion Research Institute April 29, 2015 – January 7, 2016 1,349 adults ?54%36%10%
Public Religion Research Institute April 2, 2014 – January 4, 2015 975 adults ?56%37%7%
The Washington Post October 11–15, 20121,106 likely voters± 3.5%52%43%5%
Public Policy Polling May 14–21, 2012852 likely voters± 3.5%52%39%9%
Public Policy Polling March 5–7, 2012600 adults± 3.5%52%44%4%
The Washington Post January 23–26, 20121,064 adults± 3.5%50%44%6%
Gonzales Research & Marketing Strategies January 9–15, 2012808 registered voters± 3.5%49%47%4%
Gonzales Research & Marketing Strategies January 13–19, 2011802 registered voters± 3.5%51%44%5%
Grove Insight January 12–16, 2011700 registered voters± 3.7%49%41%10%

See also

Notes

  1. After Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York, Washington, and Maine, but excluding California which had constitutionally banned same-sex marriage in November 2008, but still recognized marriages performed between June and November 2008.

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in the United States</span>

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

This is a list of notable events in the history of LGBTQ rights that took place in the year 2005.

Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, it passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

This is a list of notable events in the history of LGBTQ rights that took place in the year 2007.

<span class="mw-page-title-main">Same-sex marriage in Hawaii</span>

Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2, making Hawaii the fifteenth U.S. state to legalize same-sex marriage. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights. When Hawaii's civil union law took effect at the start of 2012, same-sex marriages established in other jurisdictions were considered civil unions in Hawaii.

<span class="mw-page-title-main">Emmett C. Burns Jr.</span> American politician (1940–2022)

Emmett C. Burns Jr. was an American politician from Maryland and a member of the Democratic Party. He served five terms in the Maryland House of Delegates, representing Maryland's District 10 in Baltimore County. Burns was a member of the Economic Matters Committee.

<span class="mw-page-title-main">Equality Maryland</span> Non-profit organization focused on LGBT social and political movements

Equality Maryland (EQMD) was a non-profit organization formerly headquartered in Silver Spring, Maryland, now based in Baltimore. It was at the time, the largest organization in Maryland whose activities focused on advocacy and education with regard to LGBT social and political movements. Its mission included: the passage of laws prohibiting discrimination based on sexual orientation, gender expression, and gender identity; the expansion of Maryland's hate-crimes statute; the increase of domestic partner benefits; the legal recognition of same-sex marriage in Maryland and laws banning the practice of conversion therapy on minors. In 2016, the organization merged with FreeState Legal Project, to form FreeState Justice.

Same-sex marriage has been legally recognized in Illinois since a law signed by Governor Pat Quinn on November 20, 2013 took effect on June 1, 2014. Same-sex marriage legislation was introduced in successive sessions of the Illinois General Assembly from 2007 to 2013. It passed the Senate in February 2013, but legislators delayed a vote in the House while lobbying for votes until November 5, 2013, when the House passed an amended version of the bill by a narrow margin. The Senate quickly approved the amended bill and Governor Quinn signed it into law on November 20. The law went into effect (statewide) on June 1, 2014, with same-sex couples able to apply for marriage licenses and then marry after the mandatory one-day waiting period. Illinois was the nineteenth U.S. state to legalize same-sex marriage.

Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Same-sex marriage has been legal in Michigan since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. On March 21, 2014, the U.S. District Court for the Eastern District of Michigan ruled the state's denial of marriage rights to same-sex couples unconstitutional. More than 300 same-sex couples married in Michigan the next day before the Sixth Circuit Court of Appeals stayed enforcement of the district court's decision. On November 6, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage. The Supreme Court overturned the Sixth Circuit's ruling and legalized same-sex marriage nationwide in the United States on June 26.

Same-sex marriage has been legally recognized in Pennsylvania since May 20, 2014, when a U.S. federal district court judge ruled that the state's 1996 statutory ban on recognizing same-sex marriage was unconstitutional. Governor Tom Corbett announced the following day that he would not appeal the decision. Pennsylvania had previously prohibited the recognition of same-sex marriage by statute since 1996, but had never added such a ban to its State Constitution.

<span class="mw-page-title-main">LGBTQ rights in Maryland</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Maryland enjoy the same rights as non-LGBTQ people. The state's anti-sodomy provisions were ruled unconstitutional in 1999 and definitively repealed by the state's legislature in 2023. Maryland has had statewide protections against discrimination based on an individual's sexual orientation since 2001 and gender identity since 2014. Legislation to legalize same-sex marriage in Maryland was approved by voters on November 6, 2012, and went into effect on January 1, 2013. Today, the state of Maryland is regarded as one of the most LGBTQ-friendly states in the country, with a 2022 Public Religion Research Institute showing that 87% of Marylanders support LGBTQ anti-discrimination laws. Additionally, a ban on conversion therapy on minors became effective on October 1, 2018. In October 2020, Montgomery County passed unanimously an ordinance that implemented an LGBTIQ+ bill of rights.

<span class="mw-page-title-main">2012 Maryland Question 6</span> Referendum on same-sex marriage

Question 6 is a referendum that appeared on the general election ballot for the U.S. state of Maryland to allow voters to approve or reject the Civil Marriage Protection Act—a bill legalizing same-sex marriage passed by the General Assembly in 2012. The referendum was approved by 52.4% of voters on November 6, 2012, and thereafter went into effect on January 1, 2013.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

This is a list of notable events in the history of LGBTQ rights that took place in the year 2013.

This is a list of notable events in the history of LGBTQ rights that took place in the year 2015.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

This is a list of notable events in LGBTQ rights that took place in the 2010s.

References

  1. Honan, Edith (November 7, 2012). "Maryland, Maine, Washington approve gay marriage". Reuters. Archived from the original on November 29, 2012. Retrieved February 14, 2013.
  2. 1 2 3 "O'Malley, archbishop at odds over same-sex marriage, letters show". Washingtonpost.com. December 21, 2011. Retrieved December 29, 2011.
  3. Broadwater, Luke (November 9, 2011). "Md. bishops call on Catholics to oppose same-sex marriage". The Baltimore Sun. Archived from the original on June 23, 2013. Retrieved March 17, 2013.
  4. Selway, William (October 19, 2012). "Black Shift on Maryland Gay Marriage Pits Clergy Against NAACP". Bloomberg L.P. Retrieved March 9, 2013.
  5. 1 2 3 4 5 Rich, Eric; Wagner, John (September 18, 2007). "Maryland High Court Upholds Same-Sex Marriage Ban". Washington Post. Archived from the original on September 15, 2012. Retrieved March 3, 2013.
  6. Smith, Van (October 3, 2013). "Inside the Crusade to Kill Maryland's New Marriage-Equality Law". Baltimore City Paper . Archived from the original on 2012-11-13. Retrieved March 8, 2013.
  7. "History and Timeline of the Freedom to Marry in the United States". freedomtomarry.org. Archived from the original on 2013-09-12. Retrieved March 7, 2013.
  8. "Maryland Code, Family Law §2-201 (1973-2013)". mgaleg.maryland.gov. Retrieved March 7, 2013.
  9. 1 2 Murdock, Judge M. Brooke. "Deane v. Conaway, 24-C-04-005390 (2006)" (PDF). state.md.us. p. 2. Retrieved March 8, 2013.
  10. "Declaration of Rights". msa.maryland.gov. Retrieved March 8, 2013.
  11. "Legal Marriage Court Cases — A Timeline". www.buddybuddy.com. Retrieved August 7, 2022.
  12. "Death of a Gay-Marriage Ban". The Advocate . April 29, 1997. Retrieved March 8, 2013.
  13. "House Bill 609 (1997)". mgaleg.maryland.gov. December 1, 1997. Retrieved March 8, 2013.
  14. "House Bill 398 (1997)". mgaleg.maryland.gov. December 1, 1997. Retrieved March 8, 2013.
  15. 1 2 Langfitt, Frank (July 8, 2004). "Lawsuit challenges state law barring same-sex marriage". Baltimore Sun. Archived from the original on June 22, 2013. Retrieved March 8, 2013.
  16. "About the Plaintiffs". aclu.org. Retrieved March 8, 2013.
  17. ""The Struggle for Equality in Maryland" Examines Campaign to Legalize Same-Sex Marriage". goucher.edu. October 26, 2006. Archived from the original on May 5, 2015. Retrieved January 24, 2013.
  18. 1 2 "Complaint: Deane & Polyak v. Conaway" (PDF). 2004. Retrieved March 8, 2013.
  19. "Case Profile: Deane & Polyak v. Conaway". aclu.org. January 1, 2008. Retrieved March 8, 2013.
  20. 1 2 Liptak, Adam (January 21, 2006). "Maryland Judge Voids Ban on Same-Sex Marriage; State Quickly Appeals". The New York Times. Retrieved February 21, 2012.
  21. Murdock, Judge M. Brooke. "Deane v. Conaway, 24-C-04-005390 (2006)" (PDF). state.md.us. p. 18. Retrieved March 8, 2013.
  22. Murdock, Judge M. Brooke. "Deane v. Conaway, 24-C-04-005390 (2006)" (PDF). state.md.us. p. 19. Retrieved March 8, 2013.
  23. 1 2 "Judge strikes down Maryland anti-gay marriage ban". Associated Press via btl-news.com. January 26, 2006. Archived from the original on October 20, 2014. Retrieved March 8, 2013.
  24. Jordan, Phyllis (December 1, 2006). "Same-Sex Marriage: Good for Kids?". The Washington Post. Archived from the original on September 8, 2012. Retrieved March 8, 2013.
  25. Kwon, Lillian. "Constitutional Ban on Gay Marriage Picks Up Heat in Maryland". The Christian Post. christianpost.com. Archived from the original on May 2, 2014. Retrieved March 8, 2013.
  26. Mosk, Matthew (January 25, 2006). "Democrats in Md. Try to Limit Fallout Of Gay Union Case". The Washington Post. Retrieved March 8, 2013.
  27. Brewington, Kelly (February 3, 2006). "Marriage measure rejected". Baltimore Sun. Archived from the original on January 11, 2012. Retrieved January 25, 2008.
  28. "House Bill 48 (2006)". mgaleg.maryland.gov. June 6, 2006. Retrieved November 4, 2012.
  29. 1 2 Brewington, Kelly; Skalka, Jennifer (February 27, 2006). "Dwyer to Push for Judge's Impeachment". baltimoresun.com. Archived from the original on February 18, 2011. Retrieved March 8, 2013.
  30. "House Bill 919 (2007)". mgaleg.maryland.gov. October 3, 2007. Retrieved March 8, 2013.
  31. Lynsen, Joshua (March 22, 2006). "Md. legislature kills same-sex marriage ban". The Washington Blade. Archived from the original on September 28, 2007. Retrieved March 8, 2013.
  32. 1 2 Weill-Greenberg, Elizabeth (March 17, 2006). "Move to impeach Md. judge fails". The Washington Blade. Archived from the original on September 30, 2007. Retrieved March 8, 2013.
  33. 1 2 3 Keen, Lisa (December 7, 2006). "Marriage licensing goes before Maryland Supreme Court". Associated Press via pridesource.com. Archived from the original on March 4, 2016. Retrieved March 8, 2013.
  34. Leonard, Arthur. "Divided Maryland High Court Rejects Same-Sex Marriage Claim". typepad.com. Archived from the original on 2010-07-10. Retrieved March 8, 2013.
  35. 1 2 Harrell, Judge Glenn T. (September 18, 2007). "Conaway v. Deane, 932 A.2d 571 (2007)" (PDF). Retrieved March 8, 2013.
  36. Harrell, Judge Glenn T. (September 18, 2007). "Conaway v. Deane, 932 A.2d 571 (2007)" (PDF). p. 152. Retrieved March 8, 2013.
  37. 1 2 Keen, Lisa (September 26, 2007). "Analysis: Md. Court Upholds Same-Sex Marriage Ban". Windy City Times . Retrieved January 1, 2013.
  38. "ACLU and Equality Maryland Denounce 4 to 3 Decision by Maryland High Court Denying Marriage Protections for Same-Sex Couples" (Press release). American Civil Liberties Union. September 18, 2007.
  39. 1 2 3 4 Gandossy, Tyler (February 25, 2010). "Maryland AG: State could recognize same-sex marriages". CNN. Archived from the original on 28 February 2010.
  40. 1 2 3 4 5 Davis, Aaron C.; Wagner, John (February 24, 2010). "Maryland to recognize same-sex marriages from other places". The Washington Post. Retrieved May 22, 2010.
  41. "Doug Gansler: Whether Out-Of-State Same-Sex Marriage That Is Valid In The State Of Celebration May Be Recognized In Maryland" (PDF). February 23, 2010. Archived from the original (PDF) on February 20, 2015. Retrieved November 4, 2012.
  42. 1 2 3 "Port v. Cowan. No. 69, September Term, 2011. May 18, 2012" (PDF). Retrieved November 4, 2012.
  43. Belczyk, Jaclyn (May 18, 2012). "Maryland high court grants same-sex divorce". The Jurist. Retrieved March 1, 2015.
  44. Witte, Brian (May 18, 2012). "Same-Sex Divorce Recognized By Maryland Court Of Appeals". The Huffington Post. Retrieved May 18, 2012.
  45. Sedam, Sean R. (September 18, 2007). "Maryland's high court upholds ban on same-sex marriage". Post-Newsweek Media. gazette.net. Archived from the original on November 5, 2012. Retrieved March 8, 2013.
  46. 1 2 Najafi, Yusef (January 14, 2008). "An Ally's Death: Maryland State Senator Gwendolyn Britt dies". Metro Weekly. Retrieved June 8, 2014.
  47. Ramirez, Victor R.; et al. (January 25, 2008). "House Bill 351 (2008)" (PDF). Retrieved February 2, 2008.
  48. Madaleno, Richard; et al. (January 25, 2008). "Senate Bill 290 (2008)" . Retrieved February 2, 2008.
  49. Malik, Alia (January 28, 2008). "Gays Plan Rights Fight From the right to marriage to recognition of their needs on a broad array of social and economic issues, Equity Maryland leader hopes for significant legislative gains". The Baltimore Sun. Archived from the original on July 14, 2014. Retrieved March 9, 2013.
  50. "Equality Maryland Lobby Day". Archived from the original on February 6, 2008. Retrieved February 3, 2008.
  51. "House Bill 1345 (2008)". mgaleg.maryland.gov. November 23, 2008. Retrieved November 5, 2012.
  52. AP Source (April 4, 2008). "Medical rights for gay couples approved in Md". Associated Press via pridesource.com. Archived from the original on March 3, 2016. Retrieved March 9, 2013.
  53. Smitherman, Laura (March 15, 2008). "Domestic partner bill advances". The Baltimore Sun. Archived from the original on March 27, 2013. Retrieved March 9, 2013.
  54. "Maryland domestic partner legislation". October 2008. Retrieved March 9, 2013.
  55. 1 2 3 4 5 Wagner, John (March 12, 2011). "Maryland House derails bill that would legalize same-sex marriage". The Washington Post. Retrieved March 9, 2013.
  56. 1 2 Tavernise, Sabrina (March 11, 2011). "Same-Sex Marriage Bill Falls Short in Maryland". The New York Times. Retrieved March 9, 2013.
  57. 1 2 Hughes, Brian (March 12, 2011). "Religious objections kill gay marriage bill". Washingtonexaminer.com. Retrieved March 9, 2013.
  58. Lobianco, Tom (March 11, 2011). "Maryland Gay Marriage Bill Dies Without Final Vote". Huffington Post. Retrieved January 8, 2013.
  59. Sam Arora's disgraceful wavering on marriage equality in Maryland. The Washington Post . Retrieved June 9, 2012.
  60. Linkskey, Annie (January 23, 2012). "O'Malley introduces same-sex marriage bill". The Baltimore Sun. Archived from the original on June 14, 2013. Retrieved March 9, 2013.
  61. Volsky, Igor (January 25, 2012). "Maryland's Same-Sex Marriage Bill Includes Most 'Explicit' Religious Conscience Protections". Think Progress. Retrieved February 19, 2012.
  62. Linskey, Annie (February 17, 2012). "Maryland lawmakers under national pressure on marriage bill". Baltimore Sun. Archived from the original on April 22, 2012. Retrieved February 20, 2012.
  63. "Maryland House Of Delegates Passes Marriage Equality Bill". ThinkProgress. February 17, 2012. Retrieved February 17, 2012.
  64. Hill, David (February 23, 2012). "Maryland senate approves same-sex marriage bill". The Washington Times. Retrieved February 24, 2012.
  65. Tavernise, Sabrina (February 17, 2012). "In Maryland, House Passes Bill to Let Gays Wed". The New York Times. Retrieved October 14, 2014.
  66. Lopez, Ricardo (March 1, 2012). "Maryland governor to sign same-sex marriage bill today". The Los Angeles Times. Retrieved March 8, 2013.
  67. Linskey, Anne (March 1, 2012). "O'Malley signs same-sex marriage bill". The Baltimore Sun . Archived from the original on November 16, 2012. Retrieved June 14, 2012.
  68. Linskey, Annie (July 10, 2012). "Same-sex marriage petition certified". The Baltimore Sun . Archived from the original on July 11, 2012. Retrieved July 11, 2012.
  69. Wagner, John (July 10, 2012). "Md. marriage petitioners told of success". Washington Post. Retrieved August 26, 2013.
  70. "2012 General Election Ballot Question Language". elections.state.md.us. Maryland State Board of Elections. Retrieved August 20, 2012.
  71. "Maryland State Board of Elections". elections.state.md.us. November 2012. Archived from the original on 2012-11-29. Retrieved November 28, 2012.
  72. Honan, Edith (November 7, 2012). "Maryland voters approve gay marriage, Maine poised to". Reuters. Retrieved November 7, 2012.
  73. "Maryland attorney general issues legal opinion on timing of same-sex marriage licenses". Washington Post. November 29, 2012. Archived from the original on 2012-11-30. Retrieved November 29, 2012.
  74. "We Won Marriage – Now What? Answers to Your Questions". Equality Maryland. November 8, 2012. Archived from the original on 2013-02-14. Retrieved December 4, 2012.
  75. Marbella, Jean (December 7, 2012). "First marriage licenses issued to Maryland same-sex couples". The Baltimore Sun.
  76. "Many weddings as gay marriage becomes legal in Md". USA Today. January 1, 2013.
  77. 2013 Maryland Code FAMILY LAW § 2-201 - Valid marriages
  78. 1 2 Badgett, M.V. Lee (November 1, 2007). "The Impact on Maryland's Budget of Allowing Same-Sex Couples to Marry". The Williams Institute, UCLA School of Law, UC Los Angeles. Retrieved December 11, 2010.
  79. "Extending Marriage to Same-Sex Couples in Maryland Will Have Positive Effects For 12,500 Couples Raising Over 5,000 Children". williamsinstitute.law.ucla.edu. February 10, 2012. Archived from the original on December 10, 2012. Retrieved December 10, 2012.
  80. Mirabella, Lorraine (November 10, 2012). "Maryland same-sex marriage law good for business, employers say". baltimoresun.com. Archived from the original on June 14, 2013. Retrieved December 9, 2012.
  81. "Census Snapshot" (PDF). Williams Institute. Retrieved August 30, 2022.
  82. Sharfstein, Joshua M. (January 6, 2015). "Maryland Vital Statistics Annual Report 2013, p.5" (PDF). Department of Health and Mental Hygiene Vital Statistics Administration. Retrieved January 13, 2015.
  83. Sharfstein, Joshua M. (January 6, 2015). "Maryland Vital Statistics Annual Report 2013, p.193" (PDF). Department of Health and Mental Hygiene Vital Statistics Administration. Retrieved January 13, 2015.
  84. "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved 11 December 2023.