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Gay marriage bill heads to Senate without changes

ANNAPOLIS — Maryland senators are unlikely to approve any amendments to a bill legalizing gay marriage, worried that if it heads back to the House of Delegates that it could be in trouble because the vote to pass it there was so close.

Members of the Judicial Proceedings Committee rejected two changes to the bill Tuesday, and proponents say they plan to do the same when the measure reaches the chamber floor later this week.

“A little bit of Wite-Out is the guillotine here. Don’t touch the bill if you support it,” Sen. Jamin “Jamie” Raskin, D-Montgomery, told committee members before they shot down changes that would have legalized civil unions and overruled an amendment made in the House last week.

The committee’s 7-4 vote, identical to one last year on a similar bill, moves the legislation to the full body, which is expected to take a final vote soon.

Sen. Joseph M. Getty, R-Carroll and Baltimore counties, attempted to overturn an amendment added by the House that would have pushed back the bill’s effective date from October to January 2013, a move Del. A. Wade Kach, R-Baltimore County, said was brokered to earn his yes vote last week.

Getty called the House amendment meaningless, but said he knew the committee would reject his proposal.

“Everybody understands that’s how the game’s played,” Getty said. “If a bill gets out by a very slim vote, all amendments are resisted so the bill doesn’t go back to the originating chamber.”

Proponents are hesitant to send the legislation back to the House for further review as the 72-67 vote only collected the support of one more delegate than required to pass it.

Sen. James Brochin, D-Baltimore County, who plans to support the gay marriage bill and voted for it in the committee, introduced a change that would have legalized civil unions for gay couples — an idea that has been repeatedly rejected in both chambers.

Getty said he expects lawmakers will offer amendments on the floor in coming days including measures to protect people who provide wedding services like photography or catering and also object to same-sex unions for moral or religious reasons.

While the bill prevents churches from having to preside over weddings for gay couples or allow those nuptials in their houses of worship or other facilities, Getty said it does not adequately protect individual business owners.

The proposed law, sponsored by Gov. Martin O’Malley, broadly covers religious institutions, but should not create exemptions for restaurants and other businesses that are prohibited from discrimination under public accommodations laws, Raskin said.

Wedding vendors such as photographers and disc jockeys are not subject to such laws and can create contracts with whomever they wish, Raskin has said.

“There’s really no legitimate complaint,” Raskin said. “Some people don’t like the idea of everybody having equal rights under the law and I understand that, but the churches have to decide who gets married in the church hall and we have to decide who gets married in city hall.”

Last year, the Senate passed a bill to legalize gay marriage by 25-21. It later died in the House.

Advocates say they are confident they have held onto the 25 affirmative votes, although Raskin indicated some opponents to last year’s legislation may be reconsidering their position.

“It may be possible that we can pick up a vote on the Senate floor,” Raskin said. “Certainly there are a number of senators who voted ‘no’ last time who have come to tell me, to confide that they’re thinking about it and they understand the logic of it.”

One comment

  1. …and after it passes, the people get a referendum in November. This and the DREAM act. See how these phenomena goes over with the average voter.