Courts & Tribunals

In June 2006, the Maryland court of appeals ruled that a gay father should be given a chance to present evidence that his son was harmed by a Virginia court ruling that he would have to give up custody of the boy unless his partner moved out of the house [R1.3].

In May 2000, a Maryland appeals court ruled that a lesbian has the right to visit the child of her ex-partner, giving gays and lesbians similar legal rights to that of a step-parent [R1.2].

In December 1998, the Court of Appeals ruled that trial judges can draw no distinctions between homosexual and heterosexual parents when restricting visits with their children. The relevance of a parent's sexual conduct to visitation is whether that conduct is harmful to the children's well-being [R1.1].

State

Effective 01 July 2008, Senate Bill 566 gave domestic partners certain rights regarding health care facility visitation, nursing home accommodation, medical decisions and in making funeral arrangments [R1.1].

County

From 01 January 2011, Montgomery County employers will be/were required to give the same benefits to a worker with a domestic partner as a married employee under the Equal Benefits Law, also known as the Domestic Partner Benefits Law [R1.1].

Cities & Towns

Baltimore and Takoma Park have enacted similar laws [R5.1].

Corporations & Institutions

Other large Maryland employers such Marriott International, Discovery Channel and Johns Hopkins University offer similar benefits [R5.1].

Courts & Tribunals

On 22 November 2011, Lambda Legal reported that Baltimore County must grant equal employment benefits to same-sex couples, as a result of a binding arbitration decision involving Baltimore County police officers Margaret Selby and Jaunika Ballard, who had been denied benefits coverage for their same-sex spouses. The arbitrator agreed that denying spousal benefits to these married police officers was discriminatory and contrary to the County's agreement to give benefits to spouses legally recognized under Maryland law. [R5.2].

On 14 June 2002, Maryland's Court of Appeals unanimously upheld a Montgomery County law extending health insurance benefits to domestic partners of county employees [R5.1].

The Montgomery law had been unsuccessfully challenged by the American Center for Law and Justice

State

In March 2001, after a 10-year campaign the General Assembly approved the Anti-Discrimination Act of 2001.

Under Section 1 Paragraph 8 (a) of the legislation "It is unlawful for any person, business, corporation, partnership, copartnership or association or any other individual, agent, employee, group or firm which is licensed or regulated by a unit in the Department of Labor, Licensing, and Regulation as set out in § 2-108 of the Business Regulation Article to refuse, withhold from, deny or discriminate against any person the accommodations, advantages, facilities, privileges, sales, or services because of the race, sex, creed, color, national origin, marital status, SEXUAL ORIENTATION, or disability of any person [L1.10].

Transgendered people are not protected by this statute. However, see [R1.5].

There are certain exemptions granted in Section 1. Paragraph 18 (2) to "A religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion", Paragraph 21 to certain private landlords and private sellers of real estate and in Section 3 to Boy Scouts and the Girl Scouts.

The measure was to take effect from 1 October however, a coalition of religious and family-values groups gathered enough voter signatures to force a referendum in November next year [R1.9].

Subsequently a special Court master reviewed the validity of more than 47,000 signatures gathered by opponents of the new law [R1.8] finding that hundreds - more than enough to keep the referendum off the ballot - were gathered improperly and were potentially invalid [R1.7].

As a consequence, the anti-gay group finally admited defeat and the Maryland gay rights law came into effect 21 November 2001 [R1.6].

In April 2011, the Senate Judicial Proceedings Committee passed to a full vote the Gender Identity Anti-Discrimination Act. The Act if passed, will cover employment, housing and credit, but leaves public accommodations (which includes rest room) up to the individual businesses [R1.5].

In May 2001, Gov. Parris N. Glendening signed legislation yesterday making Maryland the 12th state to ban discrimination against homosexuals [R1.4].

In April 2001, the Maryland state Senate has voted to approve a law protecting gay men and lesbians against discrimination [R1.3].

In September 2000, Maryland Gov. Parris N. Glendening (D) announced creation of a task force to study discrimination against gay men and lesbians [R1.2].

In March 1999, the House of Delegates voted to approve legislation to outlaw discrimination based on sexual orientation [R1.1].

County

A similar ban is on the books in Howard, Montgomery and Prince George's counties [R1.5].

City

Baltimore has outlawed discrimination on the basis of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability and sexual orientation.

In November 2002, gender identity or expression has now been added [R3.1].

State

In April 2011, the Senate Judicial Proceedings Committee passed to a full vote the Gender Identity Anti-Discrimination Act. The Act if passed, will cover employment, housing and credit, but leaves public accommodations (which includes rest room) up to the individual businesses [R1.2].

On 26 March 2011, the Gender Identity Anti-Discrimination Act HB 235 passed the House of Delegates 86 to 52 in its third and final reading. The measure moved to the Senate [R1.1].

County

In 2007, the Montgomery County Council unanimously passed the anti-discrimination law prohibiting discrimination on the basis of gender identity in employment, housing, public accommodations, and taxi and cable services, but the Alliance Defense Fund, a conservative legal organization, and Maryland Citizens for Responsible Government collected signatures and challenged the law [R2.1].

Cities & Towns

In November 2002, Baltimore City Council passed a bill outlawing discrimination based on "gender identity or expression" [R2.2] in employment, public accommodation, and housing [R3.1].

The measure is aimed at protecting transsexuals who say they are denied jobs and housing, barred from trying on clothing in stores, and harassed by police officers who assume they are prostitutes [R3.2].

Courts & Tribunals

In September 2008, the Maryland’s Court of Appeals ruled that an anti-discrimination measure for the Montgomery County transgender community will not appear on the November ballot and must go into effect [R4.3].

In February 2003, the Maryland Court of Appeals ruled that a lower court may provide legal recognition of a transsexual woman's sex change, so long as she provides medical evidence showing a "permanent and irreversible change" [R4.2].

In July 2003, Montgomery County Circuit Court Judge Eric Johnson signed an order to change Wright's gender legally from man to woman [R4.1].

State

In 2005, hate crimes based on sexual orientation or gender identity considered an aggravating circumstance [R1.2].

Previously:

The House of Delegates voted 90-44 to approve a proposal to expand the state's hate crimes law to gays and lesbians [R1.1].

The measure, which then went to the Senate, would make it a separate crime for someone to obstruct, injure, intimidate or interfere with a person because of their sexual orientation.

State

The Maryland Code - Criminal Law provides -

§ 3-322. Sodomy

A person who is convicted of sodomy is guilty of a felony and is subject to imprisonment not exceeding 10 years.[L1.1].

§ 3-322. Unnatural or perverted sexual practice

(a) Prohibited.- A person may not:
(1) take the sexual organ of another or of an animal in the person's mouth;
(2) place the person's sexual organ in the mouth of another or of an animal; or
(3) commit another unnatural or perverted sexual practice with another or with an animal.

(b) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both [L1.1].

Courts & Tribunals

In January 1999, a Baltimore judge handed a victory to privacy and gay-rights advocates, ruling that Maryland's 80-year-old anti-sodomy law cannot apply to consensual acts. The decision by Circuit Court Judge Richard T. Rombro extends his October 1998 ruling that homosexual oral sex could no longer be considered criminal by applying the same legal logic to anal sex as well [R2.1].

State

Maryland has a law prohibiting same-sex marriage that predates the federal DOMA [R1.13].

Three attempts to amend the law to prohibit marriages between same-sex couples, and an attempt to legalize them, have failed.

Maryland Code: Family Law, Title 2. Marriage, Sub-title 2. Valid Marriages [L1.12]

§ 2-201 Valid Marriages

Only a marriage between a man and a woman is valid in this State.

On 21 February 2012, the Senate Judicial Proceedings Committee voted 7– 4 approving the Civil Marriage Protection Act, sending the Bill to the full Senate and moving Maryland closer to becoming the eighth state to legalize same-sex nuptials [R1.11].

On 17 February 2012, the House of Delegates voted 71–67 to pass HB 438 the Civil Marriage Protection Act and the Bill now moves to the Senate. An amendment altered the effective date from October to January 2013. [R1.10].

On 14 February 2012, the House of Delegates' Judiciary Committee and the Health and Government Operations Committee approved a bill to legalize same-sex marriage in a 25–18 joint vote [R1.9].

On 23 January 2012, Maryland governor Martin O'Malley introduced marriage equality legislation that extends legal protections to leaders of religious groups, compared to last year's bill that only protected institutions [R1.8].

On 09 March 2011, House of Delegates rejected moves to amend the Civil Marriage Protection Act. A final vote was expected later in the week [R1.7], however on 11 March, the Bill was referred back to the House Judiciary Committee where it may languish for an indeterminate time.

On 04 March 2011, the House Judiciary Committee voted 12–10 to pass the same-sex marriage bill, sending it to the full House of Delegates [R1.6].

On 24 February 2011, the Senate passed the Civil Marriage Protection Act 25–21. The Bill must pass the House and be signed into law by the Governor before coming into effect [R1.5].

On 17 February 2011, the Senate Judicial Proceedings Committee voted 7–4 to recognize same-sex marriage. The legislation now goes to the full Senate for debate [R1.4].

In January 2011, a gay marriage Bill [the Religious Freedom & Civil Marriage Protection Act] was progressing through the state Legislature. If passed, Governor Martin O'Malley has said he will sign the bill into law [R1.3].

In 23 February 2010, Attorney General Douglas F. Gansler provided the Senate with an opinion that the state can recognize same-sex marriages performed in other states [R1.2].

In February 2010, the Maryland house of delegates judiciary committee rejected a bill that would have banned same-sex marriage and stopped the state from recognizing same-sex marriages performed elsewhere [R1.1].

County

In December 2011, the Health Care Review committee of Baltimore County approved County Executive Kevin Kamenetz's recommendation to extend the healthcare benefits to county employee same sex married couples that are legally married in other states, beginning 01 January 2012 [R2.1].

Courts & Tribunals

On 23 June 2011, Washington County Circuit Court Judge Donald E. Beachley ruled that, under the "principle of comity," or legal reciprocity between states, Maryland generally recognizes a marriage as valid as long as it was valid in the jurisdiction in which it took place. Accordingly, he allowed the spousal privilege not to testify against one's spouse to be invoked, the couple before the court having married in Washington DC in 2010 [R3.2]. The case is State of Maryland v. Snowden, No: 21-K-11-45589.

On 17 June 2011, a Prince George's County judge reportedly denied a petiton for divorce because the petitioners were married in California and same-sex marriages are unlawful in Maryland [R3.1].

State

Maryland's adoption statute is silent on same-sex parents, leaving the matter to the discretion of each circuit judge. Baltimore, according to adoption lawyers, appears to be the only jurisdiction where judges have agreed to treat homosexual couples the same way they treat straight couples. Other jurisdictions, attorneys say, are a gamble for would-be parents who are gay [R1.2].

On 10 February 2011, the Department of Health and Mental Hygiene issued a letter to state birth registrars announcing a procedure change allowing a woman to be named as a parent on the Maryland birth certificate of the child born to her same-sex married spouse, without the necessity of a court order [R1.1].

Courts & Tribunals

On 01 July 2011, in the Court of Special Appeals, the termination of the parental rights of the biological parents in a case where the child is in the foster care of a male same-sex couple was affirmed as being in the best interests of the child [C2.2], [R2.1].

In June 2000, retiring Montgomery County Circuit Judge Vincent E. Ferretti wrote an opinion denying a lesbian parental rights over her partner's natural child. The couple amended their petition and refiled it in Montgomery County. The amended case was assigned to Judge Paul A. McGuckian, who agreed with Ferretti [R1.2].

Meanwhile, Baltimore City Circuit Judge Joseph H.H. Kaplan instituted a unique procedure – called waiver of venue – that made nonresidents eligible to file adoption cases in the city. [R1.2].

In 1996, Judge Kathleen O'Ferrall Friedman granted lesbian partners, who each had a child, parental rights over both children. She reasoned, in part, that adultery does not disqualify a person from adopting, so neither should a person's sexual orientation [R1.2].