Tag Archives: marriage

In miniature, October 19

  • Federal judge rejects four states’ suit challenging Congress’s changes to the SALT (state and local tax) exemption. Maryland AG Brian Frosh wasted the state’s resources and credibility on a suit that should never have been filed [Ilya Somin]
  • While on the subject, it’s worth noting how the state’s drug pricing law went down in flames, although the blame for its indefensibility would in this case be the legislature’s [Josh Kurtz, Maryland Matters]
  • Campaign to raise legal age of marriage to as high as 18 belatedly runs into some serious opposition as ACLU, other liberal groups concerned with youth rights and autonomy join conservatives skeptical of forcing out-of-wedlock births and libertarians who support, well, liberty [Dartunorro Clark, MSNBC] Due credit to the Women’s Law Center of Maryland, which helped block a bad bill of this sort in the 2018 Assembly, pointing out that there are other ways to detect and intervene against involuntary marriages [Scott Dance, Baltimore Sun; an opposing view (i.e., favoring ban) from UMD sociologist Philip Cohen]
  • Yuripzy Morgan took time on her WBAL radio show to discuss my article on the Supreme Court’s consideration of job bias law and you can listen here;
  • Stephen J.K. Walters makes a case for aerial surveillance as a Baltimore policing tool [Law and Liberty] In 2016 my colleague Matthew Feeney expressed libertarian misgivings about the “secret and indiscriminate surveillance” such systems enable;
  • “Maryland’s State Pension May Be Only 35 Percent Funded” [Carol Park, Maryland Public Policy Institute]

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Szeliga, on the marriage battle: “It’s definitely been settled.”

At the WBFF debate for Republican Senate candidates in March, interviewer Kai Jackson (at 35:30) asked a question on same-sex marriage. This might have seemed a set-up for candidate Chrys Kefalas to volunteer something about his own pathbreaking role as a candidate who was gay (and engaged to be married, to radio personality Tommy McFly). But Kefalas didn’t personalize his answer; while indicating his support for legal recognition of same-sex marriage, he also emphasized that he took seriously conservative concerns that legal changes might curtail the liberty of religious institutions, and would work to uphold religious liberty if elected.

Equally interesting was the answer of Minority Whip Del. Kathy Szeliga, who was to go on to win the primary in a runaway, and was generally perceived as running to Kefalas’s right. “This has been a divisive issue in the past but it’s definitely been settled. It was settled on the ballot here in Maryland and it’s been settled in the courts.” Del. Szeliga then added that the voters whose concerns she was running to address were worried not about gay marriage but about the troubles of the U.S. economy and the poor performance of federal programs like the Affordable Care Act.

Del. Szeliga’s answer, it seemed to me, would not have been out of place in an interview response by Gov. Larry Hogan or presidential candidate John Kasich. It signaled that she intends to go after the votes of independents and moderate Democrats this fall, a smart strategy for a Republican running statewide in a state like Maryland.

That wasn’t the only favorable portent on Maryland Republicans’ ability to move beyond past divisions on the marriage issue. Two years ago I wrote with some dismay (“An endorsement no one should want”) about how dozens of Maryland Republican candidates had received (though it was less clear whether they had sought) high ratings from “the group associated with Robert Broadus called Protect Marriage Maryland,” which “stands out for its intense hostility toward gay people, its very explicit grounding of that hostility in religious doctrine, and its willingness to use invective seldom found in polite company any more.” This time around, whether because Protect Marriage Maryland was less active or because fewer candidates pursued its endorsement or filled out its questionnaire, its endorsement page limited itself to endorsing a single Republican, Senate candidate Dave Wallace, who came in fifth. Robert Broadus himself ran for the Republican nomination to the U.S. House of Representatives in District 4, but finished third, behind George McDermott and David Therrien.

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Correcting the record: Question 6 and religious liberty protections

At Red Maryland (page archive), Brian Griffiths writes the following:

Something that should have been obvious from the get go but 2012’s Question 6, which was supported by Maryland Democrats and current Republican Senate candidate Chrys Kefalas, contained not a single provision protecting the religious liberties of any Marylanders.

To begin with a parenthetical issue, invoking Chrys Kefalas seems a little gratuitous, since Question 6 was supported not only by a majority of Maryland voters but by a number of elected Republicans like now-Howard County executive Allan Kittleman (and opposed by some elected Democrats). What is not gratuitous, but simply wrong, is Griffiths’ assertion about the bill’s contents, even as he links its synopsis, which even at a glance shows the contrary:

Altering a provision of law to establish that only a marriage between two individuals who are not otherwise prohibited from marrying is valid in the State; prohibiting an official of a religious order or body authorized to perform a marriage ceremony from being required to solemnize or officiate at a marriage or religious rite of a marriage in violation of the constitutional right to free exercise of religion; making the Act contingent on the resolution of litigation under specified circumstances; etc.

Emphasis added. And that was only one of a series of religious- and conscience-protecting provisions in Sections II, III, and IV. The bill’s full text, linked from the history/synopsis page, summarizes these additional provisions in its prefatory description of purposes:

…establishing that certain religious entities have exclusive control over their own theological doctrine, policy teachings, or beliefs regarding who may marry within that faith; prohibiting certain officials from being subject to any fine or penalty for failing or refusing to join individuals in marriage; prohibiting certain religious entities from being required to provide services, accommodations, advantages, facilities, goods, or privileges to an individual under certain circumstances; providing that a certain refusal by a certain religious entity or an individual employed by a certain religious entity may not create a civil claim or cause of action or result in any State action to penalize, withhold benefits from, or discriminate against such entities or individuals; prohibiting certain fraternal benefit societies from being required to admit an individual as a member or provide insurance benefits to an individual under certain circumstances; providing that a certain refusal by a certain fraternal benefit society may not create a civil claim or cause of action or constitute the basis for the withholding of governmental benefits or services from the fraternal benefit society; …

Hat tip for noticing this error to David Lublin at Seventh State. Lublin’s point of view on some of the other issues involved differs from my own, but I agree on one point: Red Maryland owes Kefalas in particular an apology. And while we’re at it, after this and the recent episode involving CD-6 candidate Amie Hoeber, would anyone regard Red Maryland as a suitably impartial sponsor for a debate between Kefalas and other Republican Senate candidates?

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