Port v. Cowan
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Same-sex marriage in Maryland has been legally recognized since January 1, 2013. In 2012, the state's Democratic representatives, led by Governor
Martin O'Malley Martin Joseph O'Malley (born January 18, 1963) is an American lawyer and former politician who served as the 61st Governor of Maryland from 2007 to 2015. A member of the Democratic Party, he was Mayor of Baltimore from 1999 to 2007. O'Malley ...
, began a campaign for its legalization. After much debate, a law permitting same-sex marriage was passed by the
General Assembly A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company. Specific examples of general assembly include: Churches * General Assembly (presbyterian church), the highest court of presby ...
(Maryland's
bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
legislature, composed of the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and 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. 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, and would threaten religious liberty. 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". 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 In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdic ...
from
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Doug Gansler Douglas Friend Gansler (born October 30, 1962) is an American lawyer and politician who served as the 45th Attorney General of Maryland. Gansler previously served as the State's Attorney for Montgomery County, Maryland, from 1999 to 2007. He won ...
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.


Legal history

Maryland holds a unique place in the history of
same-sex marriage in the United States 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 ...
. 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. The Maryland General Assembly passed the law a short time after voters in the state ratified Article 46 of the
Maryland Declaration of Rights The Maryland Declaration of Rights is series of statements establishing certain rights for people in Maryland. The Declaration of Rights opens the Maryland Constitution and has appeared in some form in all Maryland Constitutions since the first ver ...
, commonly referred to as the Equal Rights Amendment, in November 1972. The constitutional provision prohibited discrimination in equality of rights on the basis of sex. In 1975, a
marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdiction ...
was issued to two women, Michele Bernadette Bush and Paulette Camille Hill, in
Montgomery County Montgomery County may refer to: Australia * The former name of Montgomery Land District, Tasmania United Kingdom * The historic county of Montgomeryshire, Wales, also called County of Montgomery United States * Montgomery County, Alabama * Mon ...
. Although the
county clerk A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service ...
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. During the 1990s, attempts to both ban and legalize same-sex marriage did not pass through the General Assembly. 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 A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
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 Equality Maryland (EQMD) is a non-profit organization formerly headquartered in Silver Spring, Maryland, now based in Baltimore. It is the largest organization in Maryland whose activities focus on advocacy and education with regard to LGBT so ...
filed a
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, ''Deane & Polyak v. Conaway'', to challenge the existing law on behalf of nine same-sex couples and one bereaved man whose partner had died. The
lead plaintiff A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
s, from whom the case received its name, were Gita Deane, a learning specialist at Goucher College, and her partner Lisa Polyak, an
environmental engineer Environmental engineering is a professional engineering discipline that encompasses broad scientific topics like chemistry, biology, ecology, geology, hydraulics, hydrology, microbiology, and mathematics to create solutions that will protect and a ...
for the
U.S. Army Medical Department The Army Medical Department of the U.S. Army (AMEDD), formerly known as the Army Medical Service (AMS), encompasses the Army's six medical Special Branches (or "Corps"). It was established as the "Army Hospital" in July 1775 to coordinate the me ...
. The plaintiffs had applied for marriage licenses in several different counties but were denied by county clerks. In their
complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
, the plaintiffs argued that the state's statutory ban on same-sex marriage violated constitutional protections of
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
, equality, and prohibitions against sex discrimination in Articles 24 and 46 of the Maryland Declaration of Rights. In January 2006,
Baltimore Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore was d ...
Circuit Court Judge M. Brooke Murdock granted summary judgment to the plaintiffs, 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." She added that "tradition and social values alone cannot support adequately a discriminatory statutory classification", because "when tradition is the guise under which prejudice or animosity hides, it is not a legitimate state interest." The judge immediately stayed the decision pending an
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
by the Attorney General of Maryland,
J. Joseph Curran Jr. J. Joseph Curran Jr. (born July 7, 1931) is an American lawyer and the longest serving elected Attorney General (1987 to 2007) in Maryland history, and previously the fourth Lieutenant Governor of Maryland from 1983 to 1987. His son-in-law, Mar ...
, which occurred later that day. 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, 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. Such an amendment was favored by Governor
Bob Ehrlich Robert Leroy Ehrlich Jr. (born November 25, 1957) is an American lawyer and politician who served as the 60th Governor of Maryland from 2003 to 2007. A Republican, Ehrlich represented Maryland's 2nd Congressional district in the U.S. House of ...
who said "my politics on this are very clear. We're going to protect marriage. Traditional marriage." In February 2006, the proposed ban was rejected after opponents successfully amended it to legalize
civil unions A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
. Consequently, Delegate Don Dwyer introduced a
resolution Resolution(s) may refer to: Common meanings * Resolution (debate), the statement which is debated in policy debate * Resolution (law), a written motion adopted by a deliberative body * New Year's resolution, a commitment that an individual mak ...
to impeach Judge Murdock in 2006, alleging "misbehavior in office, illfulneglect of duty, and incompetency" for her trial court decision. In 2007, he introduced a law that would ban discussion of same-sex unions in public schools. 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." David Rocah, an attorney for the ACLU, called the resolution "a frivolous, dangerous and extremist response from the lunatic fringe." Both of the measures failed to pass through committee.


''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. To the surprise of spectators, there were almost no questions from the judges during oral argument, which took place on December 4, 2006, causing speculation that the court may have taken the appeal just to reverse the Circuit Court ruling. 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. Judge
Glenn T. Harrell, Jr. Glenn T. Harrell Jr. (born 1945) is an American lawyer and jurist from Upper Marlboro, Maryland. From 1999 to 2015, he served as a judge on the Maryland Court of Appeals, the highest court in the state. Harrell attended the University of Maryland, ...
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. 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. Judge
Lynne A. Battaglia Lynne Ann Battaglia (born April 14, 1946) is an American lawyer and former jurist from Howard County, Maryland. From 2001 to 2016 she served as an associate judge on the Maryland Court of Appeals. Background Battaglia was born in Buffalo, New Yo ...
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 Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child ( stepchild adoption). Joint adoption by same-sex cou ...
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. Judge Battaglia said she would have
remanded Remand may refer to: * Remand (court procedure), when an appellate court sends a case back to the trial court or lower appellate court * Pre-trial detention, detention of a suspect prior to a trial, conviction, or sentencing See also *'' Remando ...
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. The dissenting opinion from Chief Judge
Robert M. Bell Robert Mack Bell (born July 6, 1943) is an American lawyer and jurist from Baltimore, Maryland. From 1996 to 2013, he served as Chief Judge on the Maryland Court of Appeals, the highest court in the state. He was the first African American to hol ...
faulted the majority for not recognizing gay people as a
suspect class In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes receive closer scrutiny by courts when an Equal Protec ...
in need of protection from
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
. He dismissed the majority view that gays and lesbians are politically empowered and should not be viewed as constituting such a class. Evan Wolfson, founder of
Freedom to Marry Freedom to Marry was the national bipartisan organization dedicated to winning marriage for same-sex couples in the United States. Freedom to Marry was founded in New York City in 2003 by Evan Wolfson. Wolfson served as president of the organiz ...
, 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 Reproduction (or procreation or breeding) is the biological process by which new individual organisms – "offspring" – are produced from their "parent" or parents. Reproduction is a fundamental feature of all known life; each individual org ...
. President of the
Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...
,
Joe Solmonese Joe Solmonese is a political strategist and activist who served as president of the Human Rights Campaign of the United States and its affiliate the Human Rights Campaign Foundation. He was appointed to this position on March 9, 2005, replacing C ...
, 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".


Recognition of out-of-state marriages

State Senator Richard Madaleno requested in 2009 that Attorney General
Doug Gansler Douglas Friend Gansler (born October 30, 1962) is an American lawyer and politician who served as the 45th Attorney General of Maryland. Gansler previously served as the State's Attorney for Montgomery County, Maryland, from 1999 to 2007. He won ...
answer the question of whether same-sex marriages could be recognized by the state. In February 2010, Gansler issued an opinion after a nine-month analysis of state laws, stating that valid same-sex marriages performed in states that permit same-sex marriage could be recognized under Maryland law. 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. He said that he expected the opinion to be quickly challenged in court. The opinion garnered negative reactions from some
Republicans Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
, 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. The Roman Catholic Archbishops of Washington and
Baltimore Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore was d ...
and the Bishop of Wilmington also took "strong exception" to the decision.


''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. 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. 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 Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore was d ...
where it was denied. 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."


Legislative action

After the Court of Appeals upheld the statutory ban on same-sex marriage in 2007, State Senator
Gwendolyn Britt Gwendolyn T. Britt (November 29, 1941 – January 12, 2008) was a member of the Maryland State Senate, first elected in 2003, to represent District 47 in Prince George's County, Maryland, USA, winning with 99.4% of the vote. Britt died suddenly i ...
of
Landover Hills Landover Hills is a town in Prince George's County, Maryland, United States. Per the 2020 census, the population was 1,815. The town has a neighborhood named Defense Heights. History Landover Hills was incorporated in 1945. Geography Landover Hi ...
, along with delegates
Victor R. Ramirez Victor R. Ramirez (born July 20, 1974) is a former state delegate and state senator for District 47 in Prince George's County, Maryland. He was born in San Salvador, El Salvador, in 1974. His family soon after moved to the United States and he ...
and Ben Barnes, sought to sponsor a marriage bill in the General Assembly. On January 12, 2008, Britt died of
heart failure Heart failure (HF), also known as congestive heart failure (CHF), is a syndrome, a group of signs and symptoms caused by an impairment of the heart's blood pumping function. Symptoms typically include shortness of breath, excessive fatigue, a ...
. 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." On January 25, 2008, the ''Religious Freedom and Civil Marriage Protection Act'' was introduced to the House of Delegates. The Senate version of the bill was introduced by senators Richard Madaleno and Jamie Raskin the same day. Advocates held a rally in support of the bill on February 11, 2008, but it ultimately failed in committee, alongside a constitutional ban introduced by Don Dwyer.


Domestic partnerships

While early efforts to legalize same-sex marriage failed, the General Assembly approved two bills in 2008 that granted all unmarried couples certain
domestic partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...
rights, including the ability to make
hospital A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emerge ...
and nursing home visits, end-of-life choices and other medical decisions, in addition to rights to
joint property In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminol ...
ownership. 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 A beneficiary (also, in trust law, '' cestui que use'') in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example, the beneficiary of a life insurance policy is the person ...
in a
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
. The laws went into effect on July 1, 2008.


Civil Marriage Protection Act

The General Assembly first considered the ''Civil Marriage Protection Act'' in 2011. Governor
Martin O'Malley Martin Joseph O'Malley (born January 18, 1963) is an American lawyer and former politician who served as the 61st Governor of Maryland from 2007 to 2015. A member of the Democratic Party, he was Mayor of Baltimore from 1999 to 2007. 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". 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." On February 24, 2011, the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, which was thought to be the biggest obstacle to passage, approved the bill in a 25–21 vote. 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. The debate highlighted disagreements between openly gay lawmakers and some black lawmakers on whether same-sex marriage is a matter of civil rights. 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 The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
that invaded your home." Delegate
Keiffer J. Mitchell, Jr. Keiffer Jackson Mitchell Jr. (born September 28, 1967) is an American politician from Baltimore, Maryland, who once served in the Maryland House of Delegates and the Baltimore City Council and was a candidate in the 2007 mayoral election. Backg ...
, grandson of
NAACP The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&nb ...
chief lobbyist
Clarence M. Mitchell, Jr. Clarence Maurice Mitchell Jr. (March 8, 1911 – March 18, 1984) was an American civil rights activist and was the chief lobbyist for the NAACP for nearly 30 years. He also served as a regional director for the organization. Mitchell, nicknamed " ...
, said "It is a civil rights issue when we as a state and a government deny equal protection under the law." Several delegates who originally co-sponsored the bill began to express doubts after being lobbied by church-going constituents, including Sam Arora, and Tiffany Alston, who delayed the bill's vote in the House committee by skipping the voting session. The bill passed through the committee after its chairman, who rarely votes in committee, voted in favor. The House majority whip opposed the bill. 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.


Passage and referendum

The ''Civil Marriage Protection Act'' was reintroduced to the General Assembly on January 23, 2012. 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. 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 Richard Bruce Cheney ( ; born January 30, 1941) is an American politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He is currently the oldest living former U ...
, Terry McAuliffe, and Ken Mehlman. 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. 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. Governor O'Malley signed the bill on March 1, 2012. In June 2012, referendum supporters submitted 109,313 valid signatures to the State Secretary, John P. McDonough, more than the 55,736 required for a ballot in Maryland. The language of Referendum 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. On November 6, 2012, the measure passed with 52.4% of the vote. 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. 20 out of the 23 counties in Maryland and the city of
Baltimore Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore was d ...
chose to issue the licenses ahead of schedule. 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. The first marriages were solemnized on Tuesday, January 1, 2013. The
Mayor of Baltimore The mayor of Baltimore is the head of the executive branch of the government of the City of Baltimore, Maryland. The Mayor has the duty to enforce city laws, and the power to either approve or veto bills, ordinances, or resolutions passed by the ...
, Stephanie Rawlings-Blake, married six couples at
Baltimore City Hall Baltimore City Hall is the official seat of government of the City of Baltimore, in the State of Maryland. The City Hall houses the offices of the Mayor and those of the City Council of Baltimore. The building also hosts the city Comptroller, som ...
that day. Maryland statutes now state the following:


Economic impact

A study from the University of California, Los Angeles estimated in 2007 that extending
marriage rights Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
to same-sex couples would result in a net gain of approximately $3.2 million each year to the
state budget A government budget is a document prepared by the government and/or other political entity presenting its anticipated tax revenues (Inheritance tax, income tax, corporation tax, import taxes) and proposed spending/expenditure (Healthcare, Educat ...
. The study drew on data from the
U.S. Census Bureau The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of the ...
and Maryland statistical reports. The gain is attributable to savings in expenditures on means-tested
public benefit In philosophy, economics, and political science, the common good (also commonwealth, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by c ...
programs and an increase in sales and
lodging Lodging refers to the use of a short-term dwelling, usually by renting the living space or sometimes through some other arrangement. People who travel and stay away from home for more than a day need lodging for sleep, rest, food, safety, shel ...
tax revenue from weddings and wedding-related tourism. 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. 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.


Demographics and marriage statistics

Data from the
2000 U.S. census The United States census of 2000, conducted by the Census Bureau, determined the resident population of the United States on April 1, 2000, to be 281,421,906, an increase of 13.2 percent over the 248,709,873 people enumerated during the 1990 cen ...
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 Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore was d ...
,
Montgomery County Montgomery County may refer to: Australia * The former name of Montgomery Land District, Tasmania United Kingdom * The historic county of Montgomeryshire, Wales, also called County of Montgomery United States * Montgomery County, Alabama * Mon ...
, 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. 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. The state had not recorded such a significant increase in the number of marriages since 1970.


Public opinion

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Public Religion Research Institute
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January 7–December 20, 2020
, align=center, 1,037 random telephone
interviewees , align=center, ? , align=center, 68% , align=center, 29% , align=center, 3% , -
Public Religion Research Institute
, align=center
April 5–December 23, 2017
, align=center, 1,220 random telephone
interviewees , align=center, ? , align=center, 66% , align=center, 25% , align=center, 9% , -
Public Religion Research Institute
, align=center
May 18, 2016–January 10, 2017
, align=center, 1,727 random telephone
interviewees , align=center, ? , align=center, 59% , align=center, 32% , align=center, 9% , -
Public Religion Research Institute
, align=center
April 29, 2015–January 7, 2016
, align=center, 1,349 random telephone
interviewees , align=center, ? , align=center, 54% , align=center, 36% , align=center, 10% , -

, align=center, October 11–15, 2012 , align=center, 1,106 likely voters , align=center, ± 3.5% , align=center, 52% , align=center, 43% , align=center, 5% , -
Public Policy Polling
, align=center, May 14–21, 2012 , align=center, 852 likely voters , align=center, ± 3.5% , align=center, 52% , align=center, 39% , align=center, 9% , -

, align=center, March 5–7, 2012 , align=center, 600 adults , align=center, ± 3.5% , align=center, 52% , align=center, 44% , align=center, 4% , -

, align=center, January 23–26, 2012 , align=center, 1,064 adults , align=center, ± 3.5% , align=center, 50% , align=center, 44% , align=center, 6% , -

, align=center, January 9–15, 2012 , align=center, 808 registered voters , align=center, ± 3.5% , align=center, ''49%'' , align=center, 47% , align=center, 4% , -

, align=center, January 13–19, 2011 , align=center, 802 registered voters , align=center, ± 3.5% , align=center, 51% , align=center, 44% , align=center, 5% , -
Grove Insight
, align=center, January 12–16, 2011 , align=center, 700 registered voters , align=center, ± 3.7% , align=center, ''49%'' , align=center, 41% , align=center, 10% , -


See also

*
Equality Maryland Equality Maryland (EQMD) is a non-profit organization formerly headquartered in Silver Spring, Maryland, now based in Baltimore. It is the largest organization in Maryland whose activities focus on advocacy and education with regard to LGBT so ...
* Gender Rights Maryland *
Maryland Question 6 Question 6 (colloquially called the Maryland same-sex marriage referendum) 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 bi ...
* LGBT rights in Maryland *
Same-sex marriage in the United States 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 ...
*
Timeline of same-sex marriage in the United States 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 ...
* Rights and benefits of marriages in the United States * Public opinion of same-sex marriage in the United States


References


External links


Visit Baltimore - LGBT Wedding Guide


Opinion from the Maryland Court of Appeals, May 18, 2012
Website of Equality Maryland
* {{LGBT in Maryland 2013 in LGBT history LGBT rights in Maryland Maryland Martin O'Malley 2013 in Maryland