LGBT rights in Maryland
LGBT rights in Maryland | ||
---|---|---|
Adoption | Same-sex couples permitted to adopt |
Lesbian, gay, bisexual, and transgender (LGBT) people in the
History and legality of same-sex sexual activity
Same-sex sexual activity was criminalized in the
In Davis v. State, the
During the period before
In Wentz v. State (1930), it was stated that "in cases involving sexual offenses...[including] sodomy [and] indecent liberties", there was an exception to the rule that other offenses other than the one "charged is admissible".
In 1970, a state commission recommended decriminalizing "private homosexual acts of adults", by a vote of 12-2. The commission noted that practices in Maryland included frequent entrapment by "decoy" police, and suicides occasionally occurred from sodomy arrests.
All
In March 2003, Delegate
On January 30, 2020, Maryland Senate began discussion of a bill, proposed by Sen. Susan Lee, to repeal the unenforceable and unconstitutional sodomy ban.[51] It was approved by the Senate, with amendments, on March 18. The Maryland House of Delegates accepted the amendments the same day. The codified law took effect and was implemented on October 1, 2020.[52][53] Just immediately before Easter 2023, a bill passed both houses of the Maryland General Assembly to formally repeal the archaic law banning oral sex,[54] which became law without Governor Wes Moore's signature. The law took effect October 1, 2023.[55]
July 2021 police raids
In July 2021, several men under police raids within Maryland were arrested for gay sex, but not heterosexual sex, under the Unnatural or Perverted Sexual Practices Act, still on the books. Maryland's General Assembly in 2020 voted to repeal the anal sex law, but the Senate amended the bill to not repeal the oral sex ban, so it was left intact.[56][57][58] In June 2022, a bill to repeal the law died in Maryland Senate Judicial Proceedings Committee, but committee chair Senator William C. Smith Jr., and the bill's sponsor State Senator Clarence Lam, said they would take up the issue in 2023. In May 2023, the bill become law without Governor's signature to formally repeal the oral sex ban and went into effect on October 1.[59][60][61]
Recognition of same-sex relationships
In 1973, Maryland became the first state to ban civil marriage between persons of the same sex, with the passage of legislation amending the family law statute.
Since 2008, a limited form of
On March 15, 2011, the
Same-sex marriage has been legal since January 1, 2013.
In October 2020, Montgomery County unanimously passed an ordinance that implemented an LGBTIQ+ bill of rights.[6][7]
In April 2021, the Maryland General Assembly (Senate vote 38-8 and House vote 107-28) passed a bill (HB130) to establish a 15-member commission on LGBTIQ+ affairs in Maryland, and the law took effect in October 2021.[76] The first administrative director was appointed to the commission by Governor Larry Hogan in July 2022.[77] In April 2023, legislation was passed and signed into law to reform the LGBTIQ+ Commission of Affairs and increase the membership to 21 people.[78]
In January 2023, Human Rights Campaign gave Maryland, and 20 other jurisdictions, the highest rating, of "Working Toward Innovative Equality".[79]
Adoption and parenting
State law permits single LGBT adults and married same-sex couples to petition to adopt.[80] Previously, in 1994, a domestic partners registry had been rejected in Baltimore,[81] the Supreme Court of Maryland had ruled, in December 1998,[82] that trial judges cannot make distinctions between gay and straight parents when deciding child custody cases, and in April 2001,[83] a Maryland court ruled that a lesbian mother was a de facto mother of a child, despite not being the "biological mother".
Lesbian couples have access to
Surrogacy arrangements are legal and recognized in the state. Despite no explicit laws on the matter, in 2007 the Maryland Court of Appeals made a ruling approving of gestational surrogacy arrangements. Traditional surrogacy arrangements on the other hand may result in potential legal complications; in 2000 the Attorney-General issued an opinion stating that "surrogacy contracts that involve the payment of a fee to the birth mother are, in most instances, illegal and unenforceable under Maryland law." The state treats different-sex and same-sex couples equally under the same terms and conditions.[87]
LGBT education in public schools
In August 2019, the Maryland Department of Education announced it would provide resources on LGBT history and other educational resources sometime by mid-2020 in all Maryland public schools.[88]
In April 2022, a bill (HB850) passed the Maryland General Assembly that will include both sexual orientation and gender identity inclusive policies within all public schools in Maryland and plus safety outcomes for LGBT students.[89]
Honorable discharges for LGBT military veterans
In April 2022, the Maryland General Assembly (Senate vote 47-0 and House vote 109-1) passed a bill HB1380 to automatically return retrospectively “honorable discharges” to LGBT individuals,[90] who lived within Maryland at the time. A conference committee has to sort out the differences between bills passed with amendments, before the bill goes straight to the Governor’s desk.[91] The bill went into effect on October 1, 2022.[92]
Conversion therapy
In April 2018, the General Assembly passed a bill to ban conversion therapy on minors. The legislation passed the Senate by 34 votes to 12, and the House 95 votes to 27. In May 2018, the bill was signed into law by Governor Larry Hogan, and went into effect on October 1, 2018.[4][5]
In January 2019, a constitutional challenge against the conversion therapy ban was filed in federal court.[93] In September 2019, District Judge Deborah K. Chasanow dismissed the challenge, stating that "[The conversion therapy ban] doesn't prevent licensed therapists from expressing their personal views about conversion therapy to minor clients...The law only prohibits conversion therapy when it is conducted by licensed practitioners on minors and prohibits only speech uttered in the process of conducting conversion therapy".[94]
Discrimination protections
In August 2023, the
On May 15, 2001, Governor Parris Glendening signed into law the Antidiscrimination Act of 2001 passed by the Maryland General Assembly, which added protection against discrimination based on sexual orientation.[98] Opponents of the law collected enough petition signatures to put it to a referendum in the 2002 elections,[99] but the petition was successfully challenged in court, and the Act took effect on November 21, 2001.[100][98][101] Prior to Glendenning's signature and passage of the law by the General Assembly, the group Free State Justice did a "textbook campaign" to convince legislators, even convincing the Catholic Church to boost the bill.[102]
Before the state anti-discrimination statute included gender identity, five jurisdictions—Baltimore City, Baltimore County, Howard County, Hyattsville,[103] and Montgomery County—protected against discrimination based on gender identity.[104] Nineteen of the 20 remaining counties without protections lacked the authority to establish them.[105] Legislation to amend the state anti-discrimination law to include gender identity, the Fairness for All Marylanders Act of 2013, was introduced in January 2013.[106] Although the bill had 23 senators as cosponsors, on March 14, 2013, a Senate committee rejected it on a 6–5 vote.[105] Similar bills had been rejected in previous years.[107] The bill was introduced again in 2014, approved 8-3 by the Senate Judicial Proceedings Committee on February 20 and passed 32-15 by the Senate on March 4.[108][109] The House of Delegates passed the bill on an 82–57 vote on March 27, 2014.[110] On May 15, 2014, Governor Martin O'Malley signed the bill, the Fairness for All Marylanders Act of 2014, which took effect on October 1, 2014.[1]
Legislation in Maryland is subject to popular referendum, and conservative activists mounted an effort to put the law's expanded protections to a statewide referendum by collecting the 55,736 signatures of registered voters needed to place the measure on the ballot.[111] They needed to submit 18,579 signatures to the Secretary of State by May 31 and the remaining 37,157 by June 30.[112] The petitioners failed to submit the required number of signatures by those deadlines,[113] and the law took effect as scheduled on October 1, 2014.[114]
Hate crime law and gay panic defense abolition
The state's hate crime law provides additional legal penalties for a crime motivated by the victim's perceived or actual sexual orientation or gender identity.[115]
In April 2021, the
Transgender people and rights
In June 2023, the Governor of Maryland signed an executive order that "protects, shields and defends" all and/or any transgender individuals - who want unimpeded access to gender-affirming healthcare within Maryland borders. New Jersey did the very same thing with an executive order, just recently too.[118] Since January 1, 2024 Maryland also later implemented a broad based state healthcare insurance law that went into effect - regarded as the "most transgender healthcare friendly policies within the United States".[119]
In 2015, the
In 2019, the General Assembly passed a law allowing for an
In May 2022, it was announced that the
Transgender legal reforms
In April 2021, two bills passed the Maryland General Assembly. The first bill (HB39) that passed repeals an archaic 1971 Maryland law that required individuals to publish their names within a newspaper, argued to be a breach of privacy, before they even can legally change their name on a birth certificate. The second bill corrects a 2002 Maryland hate crime law that now explicitly includes “gender identity” as a completely separate category (instead of being included under the sexual orientation definition). The Governor of Maryland Larry Hogan took no action on the two bills, so they went into effect on October 1, 2021.[126]
Bathroom ordinances
In March 2018, the United States District Court for the District of Maryland ruled that federal and state law protected rights of transgender students to "use the restroom and locker rooms in alignment with their gender identity", in a case striking down policy of Talbot County Public Schools.[127]
In July 2022, the county council of Montgomery County approved by a 9-0 vote an ordinance to legally allow, recognize, and implement gender-neutral bathrooms. The city of Baltimore has a similar gender-neutral bathroom ordinance.[128][129]
Gender identity and sports
In February 1994, field hockey player Vicki Yost, who attended
In February 2022, a report by the
In March 2022, the Maryland House of Delegates Ways and Means Committee voted down a law, proposed by Delegate Kathy Szeliga, which would have restricted interscholastic or intramural sports teams based on "biological sex".[132] The Harvard Law School LGBTQ+ Advocacy Clinic and FreeState Justice said that the law's defeat was a victory for "the rights of transgender athletes".[133] A policy coordinator at FreeState Justice, Jamie Grace Alexander, argued that the law "specifically targets transgender girls".[134] The law was re-introduced in January 2023 by Szeliga and co-sponsored by 32 delegates, but failed to advance out of committee.[135]
Medicaid reform expansion and services
In March 2023, a bill passed both houses of the
Public opinion
A 2017 Public Religion Research Institute poll found that 66% of Maryland residents supported same-sex marriage, while 25% were opposed and 9% were unsure.[139] A March 2022 Public Religion Research Institute stated that 87% of Marylanders support LGBTQ anti-discrimination laws,[3] with The Hill saying that this percentage had increased by "11 percentage points or more" since 2015.[140]
A 2022 Public Religion Research Institute (PRRI) poll found that 71% of Maryland residents supported same-sex marriage, while 26% were opposed and 2% were unsure. Additionally, 76% of Maryland residents supported discrimination protections covering sexual orientation and gender identity. 12% were opposed. [141]
Poll source | Date(s) administered |
Sample size |
Margin of error |
% support | % opposition | % no opinion |
---|---|---|---|---|---|---|
Public Religion Research Institute | January 2-December 30, 2019 | 967 | +/- 0.4 | 74% | 19% | 7% |
Public Religion Research Institute | January 3-December 30, 2018 | 949 | +/- 0.4 | 70% | 23% | 7% |
Public Religion Research Institute | April 5-December 23, 2017 | 1,220 | +/- 0.6 | 77% | 17% | 6% |
Public Religion Research Institute | April 29, 2015-January 7, 2016 | 1,349 | +/- 0.4 | 73% | 22% | 5% |
Summary table
Same-sex sexual activity legal | (Since 1999, repeal codified in 2023) |
Equal age of consent (16) | |
Anti-discrimination laws for both sexual orientation and gender identity in all areas | (Since 2001 for sexual orientation and since 2014 for gender identity) |
LGBTQ bill of rights | / (Since 2020 in Montgomery County only)[142] |
Same-sex marriages | (Since 2013, via a state referendum) |
Recognition of same-sex couples (e.g. domestic partnership) | (Since 2008) |
Both joint and stepchild adoption by same-sex couples | |
Gender-neutral bathroom policy implemented | / (Some cities and counties, not statewide - Baltimore and Montgomery County only) |
Lesbian, gay and bisexual people allowed to serve openly in the US military - including the Maryland National Guard
|
(Since 2011 - federal policy) |
Transgender people allowed to serve openly in the US military - including the Maryland National Guard
|
/ (Most transgender personnel allowed to serve openly since 2021)[143][144] |
sexual reassignment surgery for individuals over 18 years old
|
(Since 2024)[136] |
Intersex people allowed to serve openly in the military | [145][146] |
Right to change legal gender without surgery | (Since 2015) |
"Gay or trans panic defense" under common-law abolished or repealed
|
(Since 2021)[117] |
Access to IVF for lesbian couples and parantage on birth certificates
|
|
Third gender option | / (Since 2019 for driver's licenses, currently not available for birth certificates) |
Conversion therapy banned on minors | (Since 2018) |
Surrogacy arrangements legal for gay male couples and parentage on birth certificates
|
|
MSMs allowed to donate blood with conditions (i.e. such as being monogamous) | [147] |
See also
- Equality Maryland
- Gender Rights Maryland
- Maryland Coalition for Trans Equality
- Pride Center of Maryland
- LGBT culture in Baltimore
- Gay Life
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- ^ [1]
External links
- Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) oral histories at the University of Maryland Libraries
- Maryland LGBTQ Historic Context Study by Preservation Maryland and Maryland Historical Trust.