Prop 8 Decision: Martin O'Malley Says He Hopes Ruling Will Help Maryland Gay Marriage Push

Maryland Gov. Martin O'Malley (D) said he hoped Tuesday's ruling by the 9th Circuit Court of Appeals that declared California's ban on gay marriage unconstitutional would influence legislators as he seeks to pass a bill legalizing same-sex marriage in his state.

"I think it is the latest evidence this current of our nation's history always moves forward to greater protection of the freedom of individuals and that was what was stake in that decision," he told MSNBC's Al Sharpton Tuesday, who has cut an ad in favor of gay marriage in Maryland. "Granted, that was in California, but it interpreted a Constitution that all of us live under."

"I hope that it will have a persuasive influence on those delegates who are still open-minded and in order to persuade them to vote for our bill," said O'Malley. "Our bill protects religious freedom and it also protects individual liberty, in this case the right of any individual to marry whomever they choose."

A gay marriage bill passed the Maryland Senate last year but died in the House. O'Malley has vowed to pass legislation this year during the 90-day session.

Tuesday's ruling declared Proposition 8, which passed in 2008 with 52 percent of the vote, unconstitutional. The court's majority ruled that the measure "serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples." Experts say that the narrowness of the ruling to California made it less likely that the Supreme Court would take the case.

O'Malley also reacted to New Jersey Gov. Chris Christie's (R) stance that he favors gay marriage being put to a referendum in his state but would veto a bill legalizing the measure. "I think Gov. Christie sounds like he wants to have his cake and eat it too," he said, adding that he believed that the best way to deal with the issue was through the legislature.

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Comments

[janicedow1]

07:47 PM on 02/17/2012

Progress is so evident in our history, even when there were those who fought against it. Slaves set free, women got the vote, a Catholic was elected president, the Civil rights movement was successful, an African American was elected president, and gays are on the path to marriage equality. Now if the conservative right would let women have access to birth control!! :)

[kvnmartens]

12:29 PM on 02/14/2012

The people said NO!!, who can overturn the will of the majority? who is the government-- THE PEOPLE!! just like obama care, the people say NO and the immoral left jam it down our throats anyway. Another step in dismantling this once great God fearing nation!! WAKE UP AMERICA before there is no America

[DrPSV]

05:42 PM on 02/11/2012

I don't think this has anything to do with gay marriage..It has to do with the fact that when Americans VOTE it should count and the courts have NO RIGHT to change that! Of the PEOPLE, by the PEOPLE, FOR THE PEOPLE. This government and these judges need to get back to our Constitutional RIGHT to vote and have it mean something. We need to clean house in the United States!!!!!!!!!!!!!!!

[Norcal2]

11:41 AM on 02/13/2012

You can't erase an entire branch of the government just like that....there are checks and balances built into the system to make sure that voters can't legislate rights away from people they dont like....

America....love it or leave it!

[Toni Goodman]

02:12 AM on 02/09/2012

Seeing all of these states allow gay marriage really makes me sad. Why? Because my home state of Ohio seems to be going nowhere in allowing marriage equality. It needs to hurry up and get here. I've thought about entering government myself. If I can? I definitely will push for it. The respect the LGBT community is getting in these other states makes me want to leave my home. If I ever find myself in a loving relationship with another man, I may. Though, I love this state a whole hell of a lot.

[truth be told again]

10:44 PM on 02/08/2012

My husband and I visited Maryland back in 2007 and ewe both got a very gay-friendly vibe. We stayed at a downttown business hotel, visited some nice restaurants and museums and galleries, saw, even back then, many welcoming signs for gay marriage - one banner hung from a church. I hope they vote for equality, even though equality should never have to be up for a vote in America.

[truly moderate]

07:01 PM on 02/08/2012

Good luck. People seem to think Maryland is a deeply "liberal" state, which is TOTALLY untrue. Also lacking is libertarian republicans which frequently throw support to gay marriage.

No, Maryland is a deeply Democratic but also deeply religious state.....mostly Catholic. Interestingly enough, Maryland has a high Lutheran population which the ELCA is very moderate on gay issues, allow gays to become full members of the church. Nevertheless, they are outnumbered by Catholics and the majority will is difficult to overcome.


Maryland would best be decribed as a progressive Democratic state, not a liberal one and O'Malley therefore has a challenge on his hand.

[Freddie27]

10:58 PM on 02/08/2012

Why do most polls then show a majority in MD in favor of marriage equality?

[Norcal2]

11:55 AM on 02/13/2012

You speak like md. catholic rank and file are the obstacle to gay marriage in Maryland....this is not true in my opinion...

Most of the catholics I know in Md. support gay marriage or really could care less one way or the other....the majority of catholic marylanders are moderate to liberal....with our grandparents holding on to the old ways.

Only the church clergy and hierarchy are so opposed to the equality....hilarious since many of them are closet case gays....I know from personal experience!

The most strident opposition in Md is coming from black churches....just as it did with prop 8 in california...

[truly moderate]

09:01 PM on 02/15/2012

Interesting perspective Norcal. I do know Catholics (as well as fellow Lutherans) that support gay marriage. However, MD still seems to have a lot of Catholics that look down on the idea all together.

[NWBrunette]

06:20 PM on 02/08/2012

Go Gov O'Malley. Get this done, Maryland!

[byronic]

04:56 PM on 02/08/2012

Gov Christie eats too much cake...

[demisfine]

04:12 PM on 02/08/2012

Best wishes Governor O'Malley and Maryland!!

[SantaMonican]

03:58 PM on 02/08/2012

Democratic governors understand that all men and women, in this country, are created equal, and have the same, equal, civil rights.

Republicans aren't happy unless they have "second class citizens" to push around.

[Tquin]

05:07 PM on 02/08/2012

Samuel Colt made all men equal.

[truth be told again]

10:45 PM on 02/08/2012

Gee, and here all this time, the history profs have been telling us the Constitution did that.

[Cacey]

03:53 PM on 02/08/2012

The Religious Conservatives would be wise not to force this issue by taking it to SCOTUS. Should the Court decide agaist them, the California law now simply a California law would be prescident across the country.

[rockysparks]

02:59 PM on 02/08/2012

More governors like Jerry Brown and Martin O'Malley. Fewer governors like Chris Christie, Jan Brewer, Scott Walker, John Kasich and (formers) Sarah Palin and Mitt Romney.

[truth be told again]

10:46 PM on 02/08/2012

Remember this in November. And remind all your friends to vote for equality too.

[rockysparks]

11:55 PM on 02/08/2012

And also remember which candidate for president endorsed Karen Handel, the woman behind the Susan Komen Foundation scandal, when she ran for governor of Georgia (hint: It wasn't Newt Gingrich, Barack Obama, Ron Paul or Rick Santorum).

[addisonsteele]

02:37 PM on 02/08/2012

Good luck with that. The 9th Circuit holding is so narrow that it applies only to California which is the only state in which same-sex marriage was declared a fundamental right and then was barred by an initiative amendment to the state constitution. It is only under these circumstances that the 9th Circuit found that the change was unconstitutional.

[SFMuscular]

04:42 PM on 02/08/2012

However, if you read the Ninth Circuit opinion, you see they dismantled all the arguments against the constitutional right to marriage equality. The next time someone argues that they have a Fourteenth Amendement right to marriage equality, this very same opinion proves their point. There is far more in this opinion than just the narrow legal ruling pertaining to California.

[juanjo]

05:52 PM on 02/08/2012

You are correct that the ruling is very narrowly interpreted to the circumstances in California. However Brown v the Board of Education dealt only with the practices of a single school district in a single state. If the Supremes uphold the lower court decision and they might do that, even limiting it as they might, it is still the most populous state in the Union and what becomes law in California sooner or later seems to find its way to other parts of the country. The safest thing they could do frankly would be to just deny cert. That would limit the case to its facts and to California making its impact less dramatic or sudden on other states. Right now the odds are 4 for upholding the decision and possibly 4 against with one toss up. A 5 to 4 or 6 to 3 in favor of the lower court ruling is going to hurt the conservatives who want to limited same sex marriage.

[HandsOffMyGrandma]

02:30 PM on 02/08/2012

O'Malley looking good for '16!

[Ioan Lightoller]

01:58 PM on 02/08/2012

I certainly hope so. There is no reason for same-sex not to be legal.