Same Sex Marriage Bill Clears Joint Committee Hearings

Delegate Michael A. McDermott
The O’Malley-Brown Gay Marriage Bill was voted on in a combined House Judiciary and Health/Government Operations Committee meeting. Several attempts were made to amend the bill and a lot of behind the scenes arm twisting has going on up until the final minutes before the committee convened. All of the Democratic leadership from the House was in the room to keep the pressure on members.

The following amendments were offered:

1-Would allow public school teachers the ability to opt out of teaching materials relating to sex education or non-traditional families if it were to be opposed to their values or religious teachings. This amendment was defeated following debate.

2. Would allow parents the opportunity to determine what portions of a sex education curriculum that their students will participate in at school. As opposed to opting out of the education, this would require parents to opt into the instruction. This amendment was defeated following debate.

3. Would prohibit a minor from marrying another individual of the same sex. It was fascinating to see all of the democrats agree that it would be alright for a 16 year old boy to marry a 48 year old man...incredible! Even this amendment, reasonable as it is, was defeated.

4. Would allow the effective date to be pushed back by several months to allow for a public referendum to be mounted. There was much debate on the process and whether the
rights of the people would be protected should the Attorney General not certify the petition process.There is a lot of concern that shenanigans would follow this process and the people would have their Constitutional rights abridged. This amendment was also defeated on a very close vote.

5. Would protect the definition of marriage and create Civil Unions for same sex couples. It would give all the rights of married individuals to same sex couples, but it would not redefine marriage as being between a man and a woman. I consider this amendment a great compromise that bridges the gap. This was also defeated by the democrats.

Following the amendments, there were closing statements on HB-438 itself. Having made
the final arguments, and lamenting that the people were not being allowed to vote for
themselves. Several delegates raised concerns on many aspects of the bill, but in the end, both committees voted largely along party lines with a few democrats voting against the bill. The bill was passed onto the floor by a vote of 25-18.