Many Md. Democrats
Seek Quick End
to Gay Marriage
Debate
By Matthew Mosk and
John Wagner, washingtonpost.com, From the Web, January 24, 2006
Washington, Jan 22 -- Hours
after a Baltimore judge ruled that a Maryland law banning same-sex marriage
violates the state constitution, reporters cornered the typically loquacious
Sen. James Brochin near his desk on the Senate floor.
Brochin, a moderate Democrat who represents a swing district in conservative
Baltimore County, said he would base his position on "what my district tells me
do," then cut off further questions.
"Would you mind if that's all I say on this?" he said, heading briskly for the
door.
The issue of same-sex marriage arrived Friday like an unwelcome houseguest for
many Maryland Democrats, who say only a quick reversal from the state's highest
court can keep the divisive issue from reshaping the 2006 campaign season.
"That would end the debate, and we could get back to a normal campaign season,"
said Timothy Maloney, a lawyer and former Democratic state delegate. "If
not, there are all kinds of possibilities for mischief. ... The Republicans will
use this to beat the hell out of moderate Democrats."
For years, elected officials in Maryland have been well-insulated from the
highly combustible issue of same-sex marriage. The General Assembly passed
a law in 1973 that clearly defined marriage as a union between one man and one
woman.
But after months of deliberation, a Baltimore Circuit Court judge cast open the
debate Friday by ruling in favor of 19 gay plaintiffs, who argued that the
33-year-old law was discriminatory and could not withstand a constitutional
challenge.
As the decision heads for an appeal, social conservatives reacted with immediate
demands for action, saying the only way to prevent Maryland's courts from
legalizing such unions is for the General Assembly to vote to amend the
constitution, which would force the issue onto the November ballot. Gov.
Robert L. Ehrlich Jr. (R) hinted that he would support such a move.
Republicans are convinced that if it succeeds, the move would boost conservative
turnout. In Maryland, where Democrats have a 2-to-1 advantage on voter
rolls, a high Election Day presence among conservatives is viewed as crucial to
GOP candidates.
In Virginia, the House of Delegates has approved a constitutional amendment that
would ban same-sex marriage. If approved in the Senate, the measure would
be on the ballot in November.
Even if the issue is not put directly to Maryland voters -- and the early
betting in Annapolis is that it will not be -- same-sex marriage is certain to
receive elevated attention in coming months. That's a prospect Republicans
relish but many Democrats dread.
"I think it's going to have tremendous implications in the election," Senate
Minority Leader J. Lowell Stoltzfus (R-Somerset) said yesterday in a radio
interview on WBAL in Baltimore. "Frankly, it puts the left in Maryland ...
in a very bad position, in a tough position."
Although Republicans are largely united against same-sex unions, Democrats'
views are far more varied and nuanced. Some support same-sex marriage.
Others endorse civil unions as an alternative. But most would prefer
debate to focus on what rights gay couples should receive rather than whether
the state should sanction their unions.
Brochin was not alone in sidestepping the issue.
Montgomery County Executive Douglas M. Duncan, a Democratic candidate for
governor, declined to state his views on same-sex marriage Friday, although he
has spoken out against it. Yesterday, a campaign spokeswoman said Duncan
would support civil unions among same-sex couples.
Baltimore Mayor Martin O'Malley, Duncan's primary rival, said in a statement
Friday that he "was raised to believe that marriage is between a man and a
woman." He has supported civil unions in the past and continues to do so,
his campaign manager said yesterday.
Rep. Benjamin L. Cardin, one of several Democrats running for U.S. Senate, said
he supports legal protection for same-sex couples and does not favor amending
the state constitution to define marriage.
In an interview, former member of Congress and NAACP president Kweisi Mfume,
another Democratic Senate candidate, said he respects the court ruling and
rejects any form of discrimination. But he stopped short of endorsing
same-sex marriage.
Some GOP strategists argued that the Republican Senate bid of Lt. Gov. Michael
S. Steele could be helped by heightened debate over marriage. Besides
traditional GOP voters, Steele is seeking support in the black church community,
where many ministers vigorously oppose same-sex unions.
But even Steele declined to comment on the matter, with a spokesman saying it is
"a state issue."
"It's a tough issue for everybody," said Joe Trippi, a Democratic consultant
advising Mfume. "A lot of people have problems with gay marriage.
But a lot of people, regardless of where they are on the ideological spectrum,
believe people should have the rights that come with that union."
Senate President Thomas V. Mike Miller Jr. (D-Calvert) said salvation for
Democrats who feel hamstrung by the issue could come before Election Day if the
Baltimore court ruling is quickly reversed on appeal, and he said he is
"confident it will be overturned."
For that strategy to succeed, the high court would have to work fast.
M. Albert Figinski, a Baltimore lawyer, said most expedited reviews by the
seven-member court take 85 days, meaning a ruling would come after the General
Assembly adjourns April 10.
"But," he said, "the court has been known to accommodate swift hearings in cases
that are of great public importance."
Even if the court takes up the case quickly, he and Maloney agreed, there is no
way to gauge how the judges will rule. Judges Alan M. Wilner, Dale R.
Cathell and Glenn T. Harrell Jr. generally shade conservative. Lynne A.
Battaglia, Irma S. Raker and Chief Judge Robert M. Bell are considered more
liberal. Clayton Greene Jr., a newcomer, is an Anne Arundel County
Democrat who was appointed by Ehrlich.
"I wouldn't predict this Court of Appeals," Maloney said. "In their hands,
this could go either way."
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