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A new tack for gay rights

Lawmakers weigh granting couples limited benefits

General Assembly

March 06, 2008|By Laura Smitherman , Sun reporter

"Civil unions can be argued from a secular policy point of view," Crestwell said. "Marriage is caught up in biblical language."

Dan Furmansky, executive director of Equality Maryland, the state's leading gay and lesbian rights organization, said his group supports legislation that grants legal protections for same-sex couples but that an alternative status for them would create policy and implementation problems for the state. He added that his group would continue to lobby for full marriage rights.

"We're never going to stop talking about marriage or fighting for marriage because that's the only way to end discrimination," Furmansky said. "Muse holds the key to any comprehensive legislation for same-sex couples being debated on the floor of the Senate. Without his support, same-sex couples will be left out in the cold and will be forced to patch rights together one at a time."

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Gay-rights activists point to New Jersey, which approved civil unions starting last year, as a lesson in how civil unions can fail. A review commission recently concluded that many employers still don't recognize their workers' civil unions, saying they are guided by federal law, and that civil unions can be viewed as having second-class status because the legal implications are often not understood by the public.

The Maryland legislature is tackling same-sex unions after the state's highest court upheld last year a 34-year-old state law that defines marriage as being between a man and a woman.

An alternative bill

Some lawmakers contend that civil unions are tantamount to marriage and would tarnish the institution. Sen. Bryan W. Simonaire, an Anne Arundel County Republican, said he would not support legislation that grants rights based on sexual orientation, though he would consider some rights for unmarried couples regardless of gender. He noted that two elderly people might be in a committed relationship but decide not to marry.

"If we're going to start down this path, we need to make sure we're making a comprehensive policy that affects everyone," he said. "Why would we carve out rights for one single group if we're concerned about equal rights."

Lawmakers expect that the alternative measure would combine three existing bills conferring some rights and benefits, such as hospital visitation rights, to same-sex couples into one bill. They plan to build upon that with other protections.

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