Some Md. leaders warming to civil unions -- baltimoresun.com

Some Md. leaders warming to civil unions -- baltimoresun.com

Some Md. leaders warming to civil unions
Like O'Malley, Busch says he supports practice to grant certain rights to gay couples
By Kristen Wyatt

The Associated Press

5:08 PM EDT, October 9, 2007

ANNAPOLIS

Gay marriage may not be in Maryland's immediate future, but same-sex civil unions could be.

Another top official said today that he supported civil unions, three weeks after the state's highest court punted the gay marriage question to the legislature.

"I believe in civil unions," Democratic House Speaker Michael Busch said on "The Marc Steiner Show" on Baltimore's WYPR-FM.

"I think people should have the same rights as far as probate is concerned, as far as health care is considered, as far as visitation and all those things."

Busch's comments come after Gov. Martin O'Malley, a fellow Democrat, said he would support civil unions. The question is in the hands of politicians after the state Court of Appeals ruled Sept. 18 that while there is no constitutional right to same-sex marriage, lawmakers are free to grant such a right in law.

"The governor does support civil unions. He's always supported it and continues to support it," O'Malley spokeswoman Christine Hansen said today.

The governor has hinted that he may even sign a law allowing gay marriage, as long as the bill included a provision clarifying that churches that oppose gay marriage would not be compelled to perform or recognize it. Hansen did not elaborate on a marriage bill today, though she said, "he'll look at any bill that anyone proposes as long as it doesn't limit or restrict people's rights."

Even with the support of the governor and speaker, obstacles remain to civil unions in Maryland.

Democratic Senate President Thomas V. Mike Miller told The Washington Post last month that he opposes civil unions, and activists on both sides of the debate oppose civil unions.

Equality Maryland, a gay rights group, argues that civil unions would establish a separate-but-equal system for same-sex couples.

"Civil unions are specifically designed to withhold marriage from same-sex couples, so the question is, if the state says it's the same thing as marriage, why don't they call it marriage? And if it's not the same thing, what rights are being withheld from same-sex couples that are afforded to others?" said Dan Furmansky, head of Equality Maryland.

On the other side, some conservatives vow to fight a move to set up civil unions in Maryland.

Del. Don Dwyer said today he is working on a constitutional amendment to ban gay marriage and would oppose civil unions.

"My problem with it is, once the state recognizes civil unions, they are recognizing a lifestyle," said Dwyer, R-Anne Arundel. "Once that happens, there's nothing preventing a judge from ruling that same-sex relationships must be taught in school as normal."

Massachusetts' high court ruled in 2004 that gay marriages should be legal, but other states have not followed suit. Maryland's court joined New York, New Jersey and Washington in rejecting constitutional rights to same-sex marriage, though New Jersey's court ordered civil unions.

In Maryland, judges did not order civil unions but said the legislature is free to begin allowing them.

"Our opinion should by no means be read to imply that the General Assembly may not grant and recognize for homosexual persons civil unions or the right to marry a person of the same sex," Judge Glenn T. Harrell Jr. wrote for the majority.

Copyright © 2007, The Associated Press