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Same-sex marriage in Maryland

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116-780: Recognized Same-sex marriage has been legally recognized in Maryland since January 1, 2013. In 2012, the state's Democratic representatives, led by Governor Martin O'Malley , began a campaign for its legalization. After much debate, a law permitting same-sex marriage was passed by the General Assembly (Maryland's bicameral legislature , composed of the Senate and the 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

232-455: A civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction. Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of

348-483: A constitutional amendment 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 filed a lawsuit , 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 plaintiffs , from whom

464-522: A proprietary colony to a royal colony temporarily quieted the disputes between the Lower House and the Governor and Council. Appointed by the crown, the royal governors allowed the Lower House substantial latitude with its legislative agenda. The first General Assembly under Royal Authority, in 1692, passed 85 acts in a single session. The Lower House immediately acted to remove the Governor's influence over

580-483: 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. Maryland was the ninth U.S. state , excluding California which had constitutionally banned same-sex marriage, but still recognized prior marriages, to legalize same-sex marriage. Upon

696-586: A case involving an Austrian same-sex couple who were denied the right to marry. The court found, by a vote of 4 to 3, that their human rights had not been violated. The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination"). Article 12 of

812-446: 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 faulted the majority for not recognizing gay people as a suspect class in need of protection from discrimination . He dismissed the majority view that gays and lesbians are politically empowered and should not be viewed as constituting such

928-515: A century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies. Research findings from 1998 to 2015 from

1044-529: 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

1160-515: A class. Evan Wolfson , founder of Freedom to Marry , 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 . President of the Human Rights Campaign , Joe Solmonese , called the decision a "setback" and Ken Choe, the ACLU attorney who argued on behalf of

1276-549: 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 by the Attorney General of Maryland , J. Joseph Curran Jr. , 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

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1392-430: A divorce in jurisdictions that recognized same-sex marriages, with some exceptions. There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A " majority rules " position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives. In contrast,

1508-674: A gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate , and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria,

1624-408: A greater need for adoption or assisted reproductive technology to become parents. Lesbian couples often use artificial insemination to achieve pregnancy, and reciprocal in vitro fertilization (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it. Surrogacy is an option for wealthier gay male couples, but

1740-468: 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

1856-409: A man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men." A few scholars believe that in the early Roman Empire some male couples were celebrating traditional marriage rites in the presence of friends. Male–male weddings are reported by sources that mock them; the feelings of the participants are not recorded. Various ancient sources state that

1972-474: A marriage bill in the General Assembly. On January 12, 2008, Britt died of heart failure . 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,

2088-912: A national level are: Bolivia , Croatia , Cyprus , the Czech Republic , Hungary , Italy , Latvia , Liechtenstein , Monaco , Montenegro and San Marino . Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel . Poland offers more limited rights. Additionally, various cities and counties in Cambodia and Japan offer same-sex couples varying levels of benefits, which include hospital visitation rights and others. Additionally, eighteen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well: Argentina , Australia , Austria , Belgium , Brazil , Chile , Colombia , Ecuador , France , Greece , Luxembourg , Malta ,

2204-578: A number of countries have enacted preventative constitutional bans , with the most recent being Mali and Tuvalu in 2023, and Gabon in 2024. In other countries, such restrictions and limitations are effected through legislation. Even before same-sex marriage was first legislated, some countries had constitutions that specified that marriage was between a man and a woman. In 2010, the European Court of Human Rights (ECHR) ruled in Schalk and Kopf v Austria ,

2320-555: A number of countries, including Kosovo , Lithuania , Peru , the Philippines , Poland , and Ukraine . On 12 March 2015, the European Parliament passed a non-binding resolution encouraging EU institutions and member states to "[reflect] on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue". In response to the international spread of same-sex marriage,

2436-484: A requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity. In the United Kingdom, the Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive

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2552-782: A resolution calling on the European Commission to ensure that the ruling is respected across the EU. On 8 January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that states party to the American Convention on Human Rights should grant same-sex couples accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation

2668-461: A significant generational difference are placed to the right. A 2016 survey by the Varkey Foundation found similarly high support of same-sex marriage (63%) among 18–21-year-olds in an online survey of 18 countries around the world. (The sampling error is approx. 4% for Nigeria and 3% for the other countries. Because of legal constraints, the question on same-sex marriage was not asked in

2784-399: A significant increase in the number of marriages since 1970. The 2020 U.S. census showed that there were 12,969 married same-sex couple households (5,427 male couples and 7,542 female couples) and 8,488 unmarried same-sex couple households in Maryland. Notes: Same-sex marriage Recognized Same-sex marriage , also known as gay marriage , is the marriage of two people of

2900-461: A similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006. In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but

3016-521: A total of 141 members of the House. Some of the larger districts are divided into delegate sub-districts to provide local representation to areas not large enough to constitute an entire legislative district. In a special session on May 1, 2019, Delegate Adrienne Jones became the first woman and the first African American to be elected Speaker of the Maryland House of Delegates. The powers and functions of

3132-525: 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 where it was denied. The decision of the court was based on the state's traditional use of

3248-418: A variety of other issues. Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to

3364-496: 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

3480-401: Is also significantly stronger among younger generations, with a clear trend of continually increasing support. Pew Research polling results from 32 countries found 21 with statistically higher support for same-sex marriage among those under 35 than among those over 35 in 2022–2023. Countries with the greatest absolute difference are placed to the left in the following chart. Countries without

3596-457: Is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by scientific studies , which show that homosexuality is a natural and normal variation in human sexuality, that sexual orientation is not a choice, and that children of same-sex couples fare just as well as

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3712-479: Is brought in. They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as civil unions ) instead of same-sex marriage. Civil union, civil partnership , domestic partnership , registered partnership , unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of 27 November 2024, countries that have an alternative form of legal recognition other than marriage on

3828-517: Is criminalized . There are records of marriage between men dating back to the first century . Michael McConnell and Jack Baker are the first same sex couple in modern recorded history known to obtain a marriage license , have their marriage solemnized, which occurred on September 3, 1971, in Minnesota , and have it legally recognized by any form of government. The first law providing for marriage equality between same-sex and opposite-sex couples

3944-492: Is legally performed and recognized in 36 countries: Andorra , Argentina , Australia , Austria , Belgium , Brazil , Canada , Chile , Colombia , Costa Rica , Cuba , Denmark , Ecuador , Estonia , Finland , France , Germany , Greece , Iceland , Ireland , Luxembourg , Malta , Mexico , the Netherlands , New Zealand , Norway , Portugal , Slovenia , South Africa , Spain , Sweden , Switzerland , Taiwan ,

4060-431: Is legally recognized in a large majority of the world's developed countries ; notable exceptions are Italy , Japan , South Korea and the Czech Republic . Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russia , restrict advocacy for same-sex marriage. A few of these are among

4176-558: Is not seen as homosexual, but is instead a way for families without sons to keep their inheritance within the family. Among the Igbo people and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage. The American Anthropological Association stated on 26 February 2004: The results of more than

4292-582: Is then divided further into sub-committees by issue area. An additional continuing committee, Executive Nominations, has the responsibility for confirming appointments of the Governor . Delegates also divide themselves into a variety of legally recognized work groups, Joint and Special Committees, caucuses , and geographic delegations. The two largest caucuses are those of the Democratic and Republican Parties. Smaller caucuses might group Delegates by identity, such as

4408-785: The Catholic Church , and the Southern Baptist Convention , use the term traditional marriage to mean opposite-sex marriage. A reference to marriage between same-sex couples appears in the Sifra , which was written in the 3rd century CE. The Book of Leviticus prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry

4524-456: The European Court of Justice ruled, in a case from Romania , that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage. However, the ruling was not implemented in Romania and on 14 September 2021 the European Parliament passed

4640-493: The Ku Klux Klan that invaded your home." Delegate Keiffer J. Mitchell, Jr. , grandson of NAACP chief lobbyist Clarence M. Mitchell, Jr. , 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

4756-559: The Netherlands , Portugal , South Africa , Spain , the United Kingdom and Uruguay . They are also available in parts of the United States ( Arizona , California , Colorado , Hawaii , Illinois , New Jersey , Nevada and Oregon ) and Canada. Female same-sex marriage is practiced among the Gikuyu , Nandi , Kamba , Kipsigis , and to a lesser extent neighboring peoples. About 5–10% of women are in such marriages. However, this

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4872-491: 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. While early efforts to legalize same-sex marriage failed,

4988-589: The United Kingdom , the United States , and Uruguay . Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel . Same-sex marriage will begin to be performed by Liechtenstein and Thailand in January 2025, and is under consideration by the legislature or the courts in El Salvador , Italy , Japan , Nepal , and Venezuela . Civil unions are being considered in

5104-584: The United States , the AIDS epidemic led to increased attention on the legal aspects of same-sex relationships. Andrew Sullivan made the first case for same sex marriage in a major American journal in 1989, published in The New Republic . In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships , which gave those in same-sex relationships "most rights of married heterosexuals, but not

5220-627: The University of California, Los Angeles estimated in 2007 that extending marriage rights to same-sex couples would result in a net gain of approximately $ 3.2 million each year to the state budget . The study drew on data from the U.S. Census Bureau and Maryland statistical reports. The gain is attributable to savings in expenditures on means-tested public benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism . Another Williams Institute study conducted in February 2012 estimated that in

5336-556: The University of Virginia , Michigan State University , Florida State University , the University of Amsterdam , the New York State Psychiatric Institute , Stanford University , the University of California-San Francisco , the University of California-Los Angeles , Tufts University , Boston Medical Center , the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support

5452-479: 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." After the Court of Appeals upheld the statutory ban on same-sex marriage in 2007, State Senator Gwendolyn Britt of Landover Hills , along with delegates Victor R. Ramirez and Ben Barnes , sought to sponsor

5568-487: The social construct across cultures around the world. Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30 African peoples , such as the Kikuyu and Nuer . With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of

5684-413: The 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated Islamic law , which is generally interpreted as prohibiting marriage between same-sex couples. In six of the former and most of the latter, homosexuality itself

5800-580: 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. wrote that, because the statute equally barred both men and women from marrying partners of

5916-546: 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

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6032-542: The Czech Republic and San Marino. The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are transgender , depending on how sex is defined within a jurisdiction. Transgender and intersex individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. In any legal jurisdiction where marriages are defined without distinction of

6148-575: The European Convention on Human Rights states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right", not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in Schalk and Kopf v Austria that this provision was intended to limit marriage to heterosexual relationships, as it used

6264-531: The General Assembly approved two laws in 2008 that grant all unmarried couples certain domestic partnership rights, including the ability to make hospital and nursing home visits, end-of-life choices and other medical decisions, as well as rights to joint property 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

6380-611: The House of Delegates has the sole power to impeach members of the executive branch, including the Governor. Once the House of Delegates has passed articles of impeachment, the person impeached stands trial before the State Senate. The House of Delegates utilizes a number of different organizational structures. Much of the work of drafting and reviewing bills is done by six standing committees: Appropriations, Economic Matters, Environment and Transportation, Health and Government Operations, Judiciary, and Ways and Means. Each of these committees

6496-487: The Lower House continually fought for more power by asserting exclusive rights in certain legislative areas, such as levying taxes and originating money bills. This reflected similar attitudes in the other colonies on the East Coast of North America with the beginnings and growth of representative government during the 17th century, as each province's representatives constantly agitated for more rights, powers, and respect from

6612-526: The Maryland Declaration of Rights. In January 2006, Baltimore 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

6728-480: The Maryland House of Delegates are outlined in the Maryland Constitution. Along with the State Senate, the House has the power to approve laws, establish executive departments, levy taxes, and propose state constitutional amendments. Both houses also have the power to elect the state treasurer and to appoint a new Governor if the offices of Governor and Lieutenant Governor are simultaneously vacant. In addition,

6844-572: The Proprietors, Governors, and even the King and Parliament in London. The Governor also had some measure of control over the Lower House in the late seventeenth century. Despite the fact that each county was entitled to elect four delegates, the governor selected only two of these to sit in the Lower House. This enabled the Governor to control the Lower House's membership. In 1689, the transfer of Maryland from

6960-655: The United States have correlated legalization of same-sex marriage to lower rates of HIV infection, psychiatric disorders, and suicide rate in the LGBT population . While few societies have recognized same-sex unions as marriages, the historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation. Opponents of same-sex marriages have argued that same-sex marriage, while doing good for

7076-510: The Upper House for political influence in the colony. The Upper House consisted of the Governor and his Council, all personally appointed by Lord Baltimore and Proprietor of the Province, and thus tended to protect his interests in Maryland. Conversely, the Lower House tended to push for political change in the colony, claiming to be the true elected representatives of the people. In this context,

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7192-508: The Women's Caucus, notably the first women's legislative caucus founded in the United States. The Asian-American and Pacific Islander caucus, or Legislative Black Caucus are other examples. Delegates may also organize by issue or area of experience, such as the Veterans' Caucus. In addition, delegates from a certain county, smaller towns, or Baltimore City might organize its delegate delegation into

7308-752: 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 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,

7424-421: 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. The Civil Marriage Protection Act

7540-495: The bill, including former President Bill Clinton , former Vice President Dick Cheney , 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

7656-586: The case received its name, were Gita Deane, a learning specialist at Goucher College , and her partner Lisa Polyak, an environmental engineer for the U.S. Army Medical Department . The plaintiffs had applied for marriage licenses in several different counties but were denied by county clerks. In their complaint , the plaintiffs argued that the state's statutory ban on same-sex marriage violated constitutional protections of due process , equality , and prohibitions against sex discrimination in Articles 24 and 46 of

7772-463: The children of opposite-sex couples. Some proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998), Freedom to Marry (founded in 2003), Canadians for Equal Marriage , and Marriage for All Japan - used the terms marriage equality and equal marriage to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage. The Associated Press recommends

7888-453: The children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions. At the same time, no harm is done to the institution of marriage among heterosexuals. Social science research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research repudiating

8004-449: The children of same-sex parents or carers. Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents. According to scientific literature reviews, there is no evidence to the contrary. Compared to heterosexual couples, same-sex couples have

8120-415: 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 , 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

8236-687: The cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships. All states that allow same-sex marriage also allow the joint adoption of children by those couples with the exception of Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, Croatia, Israel and Liechtenstein, which do not recognize same-sex marriage, nonetheless permit joint adoption by same-sex couples. Some additional states do not recognize same-sex marriage but allow stepchild adoption by couples in civil unions, namely

8352-582: The couples that participate in them and the children they are raising, undermines a right of children to be raised by their biological mother and father. Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and

8468-402: The court upheld the statutory ban on same-sex marriage as constitutional. Maryland holds a unique place in the history of same-sex marriage in the United States . 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

8584-696: The data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships. Studies in

8700-523: The designation as a primary beneficiary in a will . The laws went into effect on July 1, 2008. The General Assembly first considered the Civil Marriage Protection Act in 2011. Governor Martin 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

8816-455: The election of delegates. Now, elected delegates could attend the session without the need for a special writ from the Governor. At the same time, standing or continuing committees were established. These eliminated the Lower House's reliance on ad hoc committees and created the first modern legislature in Maryland. During this period, the Lower House became known as the "House of Delegates". The Maryland Constitution of 1776 formally established

8932-430: The emperor Nero celebrated two public weddings with males, once taking the role of the bride (with a freedman Pythagoras ), and once the groom (with Sporus ); there may have been a third in which he was the bride. In the early 3rd century AD, the emperor Elagabalus is reported to have been the bride in a wedding to his male partner. Other mature men at his court had husbands, or said they had husbands in imitation of

9048-464: The emperor. Roman law did not recognize marriage between males, but one of the grounds for disapproval expressed in Juvenal's satire is that celebrating the rites would lead to expectations for such marriages to be registered officially. As the empire was becoming Christianized in the 4th century, legal prohibitions against marriage between males began to appear. Michael McConnell and Jack Baker are

9164-435: The entire state. So this is really special.", Weber said. The first marriages were solemnized on Tuesday, January 1, 2013. The Mayor of Baltimore , Stephanie Rawlings-Blake , married six couples at Baltimore City Hall that day. Maryland statutes now state the following: Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State. [MD Fam L Code § 2-201 (2013)] A study from

9280-437: The findings of this study. The overall socio-economic and health effects of legal access to same-sex marriage around the world have been summarized by Badgett and co-authors. The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On

9396-457: 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

9512-402: The first same sex couple in modern recorded history known to obtain a marriage license , have their marriage solemnized, which occurred on September 3, 1971, in Minnesota , and have it legally recognized by any form of government. Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. During the 1980s in

9628-657: 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. Data from the 2000 U.S. census 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

9744-518: The health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples (in the US), and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities. As of 2006 ,

9860-433: 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 ,

9976-534: 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

10092-423: The lunatic fringe." Both of the measures failed to pass through committee. 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

10208-428: 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 chose to issue the licenses ahead of schedule. Among

10324-468: The modern House of Delegates. Initially, representation was based on geography as the voters of each county elected four delegates, and two each were elected from the towns of Annapolis and Baltimore . These delegates served one-year terms (increased to two years in 1845, and four years in 1922, as it is today). Beginning with the 1838 elections, each county elected at least three and up to six delegates depending on its population. Baltimore City elected

10440-420: The notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals. Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights. Opposition

10556-636: The offices of the Governor and Lieutenant Governor of the State of Maryland. Each delegate has offices in Annapolis, in the nearby Casper R. Taylor Jr. House Office Building. The Maryland House of Delegates originated as the Lower House of the General Assembly of the Province of Maryland in 1650, when it was an English colony, when the Assembly (legislature) became a bicameral body. The Lower House often fought with

10672-596: 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 and the Bishop of Wilmington also took "strong exception" to the decision. Recognition of same-sex marriages from other states became precedent when

10788-429: 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 , socially conservative Democrats , and several African-American lawmakers, including delegates Emmett C. Burns, Jr. and Don Dwyer, who spoke out against

10904-463: The person whom they love is a person of the same sex." State Senator Richard Madaleno requested in 2009 that Attorney General Doug Gansler 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

11020-425: 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". "We're hopeful that, unlike the court, the legislature will see that lesbian and gay Marylanders shouldn't be barred from the hundreds of important protections that come with marriage simply because

11136-498: The right to adopt or obtain joint custody of a child". In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples. Since then, same-sex marriage has been established by law in 34 other countries, including most of the Americas and Western Europe . Yet its spread has been uneven — South Africa is the only country in Africa to take

11252-431: 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

11368-507: The same legal sex . As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.5 billion people (20% of the world's population). The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in the Netherlands. Two more countries, Liechtenstein and Thailand , are set to begin performing same-sex marriages in January 2025. Same-sex marriage

11484-669: The same number of delegates as did the most populous county, but after 1840, the Town of Annapolis was then considered part of Anne Arundel County . Reapportionment was required after every federal census in an attempt to achieve equal representation. The current pattern for distribution of seats in the House of Delegates began with the legislative apportionment plan of 1972 and has been revised every ten years thereafter. The plan created 47 legislative districts, many of which cross county boundaries to delineate districts relatively equal in population. Each legislative district sends three delegates for

11600-604: 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 wrote a dissenting opinion stating that the statutes and ordinances in Maryland barring discrimination based on sexual orientation, in addition to

11716-443: The state and constituted 1.0% of coupled households and 0.6% of all households in the state. Most couples lived in Baltimore , Montgomery County , 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

11832-581: The state ratified Article 46 of the Maryland Declaration of Rights , 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 was issued to two women, Michele Bernadette Bush and Paulette Camille Hill, in Montgomery County . Although the county clerk had issued

11948-559: The state recognized same-sex marriages performed in other jurisdictions following the 2010 release of a legal opinion from Attorney General Doug Gansler 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

12064-400: 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 who said "my politics on this are very clear. We're going to protect marriage. Traditional marriage." In February 2006, the proposed ban

12180-400: The state's lack of prohibiting adoption by same-sex couples 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 the case to circuit court for a full trial in order to settle what she deemed

12296-580: The step; Taiwan and Thailand are the only ones in Asia . The summary table below lists in chronological order the sovereign states (the United Nations member states and Taiwan ) that have legalized same-sex marriage. As of 2024, 38 states have legalized in some capacity. Dates are when marriages between same-sex couples began to be officially certified, or when local laws were passed if marriages were already legal under higher authority. Same-sex marriage

12412-593: The survey countries of Russia and Indonesia.) Maryland House of Delegates Minority The Maryland House of Delegates is the lower house of the legislature of the U.S. state of Maryland . It consists of 141 delegates elected from 47 districts. The House of Delegates Chamber is in the Maryland State House on State Circle in Annapolis . The State House also houses the Maryland State Senate and

12528-480: The term "men and women" instead of "everyone". Nevertheless, the court accepted and is considering cases concerning same-sex marriage recognition, e.g. Andersen v Poland . In 2021, the court ruled in Fedotova and Others v. Russia —followed by later judgements concerning other member states—that countries must provide some sort of legal recognition to same-sex couples, although not necessarily marriage. On 5 June 2018,

12644-417: The use of same-sex marriage over gay marriage . In deciding whether to use the term gay marriage , it may also be noted that not everyone in a same-sex marriage is gay – for example, some are bisexual – and therefore using the term gay marriage is sometimes considered erasure of such people. Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of

12760-471: The word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions. The Oxford English Dictionary has recognized same-sex marriage since 2000. Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as the Church of Jesus Christ of Latter-day Saints ,

12876-485: The world's major medical and scientific communities , along with human rights and civil rights organizations, while its most prominent opponents are religious fundamentalist groups. Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in many developing countries. Scientific studies show that the financial, psychological, and physical well-being of gay people are enhanced by marriage, and that

12992-578: The world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world. Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and

13108-534: Was passed in the continental Netherlands in 2000 and took effect on 1 April 2001. The application of marriage law equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples is allowed by existing marriage law, and by direct popular vote, such as through referendums and initiatives . The most prominent supporters of same-sex marriage are

13224-402: Was phased out in 2013. In the United States, transgender and intersex marriages was subject to legal complications. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state, as some of them prohibit legal changes of gender. In the United States before the case of Obergefell v. Hodges , couples in same-sex marriages could only obtain

13340-452: 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

13456-402: Was rejected after opponents successfully amended it to legalize civil unions . Consequently, Delegate Don Dwyer introduced a resolution to impeach Judge Murdock in 2006, alleging "misbehavior in office, [willful] neglect 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

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