Voters May Have Chance to Block Same-Sex Marriages in Fall Referendum
Legislation legalizing marriages between people of the same sex is headed for passage in the Maryland general assembly. Maryland Governor Martin O’Mally (D), a sponsor of the legislation has vowed to sign the measure if it reaches his desk. The state would become the seventh state, including the District of Columbia, to legalize so-called “same-sex” marriages.
Under current law in Maryland, marriage is not defined at all. However, in order for such relationships to be valid in Maryland, the marriage must be between “a man and a woman.” If enacted, the Civil Marriage Protection Act would repeal the reference to a marriage being a union between man and woman, specifying instead that a valid marriage in Maryland is between “two individuals who are not otherwise prohibited from marrying.”
In addition, the legislation protects the principle of freedom of religion by shielding religious denominations that refuse to recognize or officiate a same-sex marriage from fine or other penalty. Moreover, the act spells out that religious communities have exclusive control over their own doctrine, policy regarding who may marry or not. This provision was added to this year’s version of the same-sex legislation after similar legislation last year was defeated by the Maryland lower legislative body, the House of Delegates.
The new protections for religious groups along with a provision to delay implementation of the law until January 2013, long enough for Maryland voters to have a say on a planned referendum to oppose the same-sex marriage measure, were enough to convince some legislators to switch their vote.
One such legislator was Delegate Tiffany Alston (D), who states “I voted for the bill because I believe it is time for the citizens of Maryland to address this issue at the polls.”
Alston authored the legislation’s provision to delay same-sex marriages until 2013. By voting in support of the same-sex marriage legislation, Alston contends she was merely removing from the state’s legislature an issue that has become too divisive and placing it with Maryland voters. “This issue has divided the Democratic Party and the House of Delegates to the point where our attention on other key issues like the budget and [poor people’s] right to counsel…has been distracted,” said Alston. Once the legislation becomes law, Alston says she plans to work with clergy to “petition this matter to referendum.”
However, some believe that the change of vote by Alston and other Maryland legislators who opposed similar legislation just last year was due to “backroom deals.” For example, after voting against last year’s version of the same-sex marriage measure, Alston was accused with misusing election campaign funds. A trial in her case is set to start in May and could net her more than 18 years in prison if found guilty. As the debate over this year’s Civil Marriage Act intensified, Alston dropped her opposition to the legislation.
Alston’s switch is an example of how the Maryland Democratic Party leadership and supporters of same-sex marriage can intimidate people to change their vote, even if, in their hearts, they remain opposed to the legislation said Julia M. Vidmar, a spokesperson for the Maryland Family Alliance. According to Vidmar, Maryland legislators who changed their vote were not motivated by a change of heart over the issues but by politics. “[T]here was intimidation, backroom deals, and manipulation,” said Vidmar.
Maryland State Senator C. Anthony Muse, a Christian minister and ardent foe of same-sex unions, was even more blunt about the political arm-twisting he believes led to the passage of the Civil Marriage Act. “Many changed their vote because they think this is good politics since [support of same-sex marriage is the Maryland Democratic] party’s position, from Senator Mikulski, Senator Cardin, the governor. I parted with them because…of my beliefs,” said Muse. By opposing same-sex marriage, Muse adds he’s following the lead of President Obama, who the Maryland Senator notes is publically opposed to same sex marriage. Muse is hoping to also follow the President’s legacy by becoming the next African American Member of the United States Senate. If elected, Muse could be the only African American and religious leader in the U.S. Senate.
Politicians or not, people, particularly Muslims, have a duty to put principles above politics contends Jameel Johnson with the Prince Georges County Muslim Council. “The Muslim community has an obligation based on our faith to speak in support of just moral behavior and in opposition to that which is unjust even when it is unpopular,” asserted Johnson.
Imam Hussein Barre of the Avondale Muslim Community explains that the issue of same-sex relations is not new. Barre recounts the prayer of Prophet Lut (may Allah be pleased with him) who in the face of being overwhelmed by homosexuals of his time called upon Allah for support. According to the Quran, Allah saved Lut and his family, except a person who was sympathetic to homosexual lifestyles. Barre believes this example and others in the books of Allah offer ample evidence why Muslims must oppose same-sex marriages.
Further, Barre points out that if Maryland permits men to marry each other, there will be even fewer men to marry women. Barre suggests that the change in Maryland’s marriage law may provide Muslim men additional incentive to marry more than one wife.
The prosperity of Muslims and others may be critical for the success of the planned referendum to block same sex marriage from becoming law in Maryland. Its estimated that both sides of the debate may spend as much as $20 million in preparation of the referendum vote expected to coincide with the November presidential election.
In the event the same-sex marriage measure prevails, legal observers note that Maryland might also be obligated to recognize Islamic unions, including polygamous bonds. By expanding the legislation’s language protecting a religion’s definition of marriage, sponsors may have unknowingly opened the door for Maryland’s legalization of Islamic marriages. Maryland Delegate Alston herself, acknowledged the possibility that if the Civil Marriage Act becomes law, same-sex couples may have to make room for polygamous spouses heading to city halls across the state seeking licenses to wed along with the federal benefits that comes along with marriage permits
For more information on the Maryland Civil Marriage Protection Act visit http://mlis.state.md.us/2012rs/fnotes/bil_0008/hb0438.pdf. To learn how your representative voted on the legislation, visit http://www.wbal.com/article/86849/78/template-story/How-Your-Delegates-Voted-On-Same-Sex-Marriage.
The writer can be reached at TKarim@teclawgroup.com.
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