Maryland High Court Strikes Gender Identity Referendum From November Ballot

On September 9th, the Maryland Court of Appeals, the state's high court, ruled that a referendum petition seeking to repeal a new law prohibiting discrimination based on gender identity may not appear on this November's ballot, reversing a decision by a lower court that would have put basic civil rights protections to a vote in Montgomery County. Facing time pressure as the election approached, the Court issued a short order, noting that an additional opinion will be provided later, providing specific reasons for the ruling.

"No one's civil rights should ever be put to a vote, and the court's decision gives meaning to that essential principle," said Human Rights Campaign President Joe Solmonese. "We congratulate Jonathan Shurberg (the lead attorney who argued this case), Basic Rights Montgomery, Equality Maryland, Lambda Legal, and all the other lawyers and activists involved in this effort, including HRC members, who poured their hearts into working to make sure that no one in Montgomery County can lose their job or be denied housing simply because of who they are."

In November 2007, the Montgomery County Council voted unanimously to pass a law prohibiting discrimination on the basis of gender identity in employment, housing, public accommodations, and taxi and cable service. The measure was signed into law by County Executive Isaiah Leggett and was set to take effect February 21, 2008, but was put on hold when signatures were submitted in support of a petition to place a repeal measure before voters on this November's ballot. Twelve Montgomery County residents filed a lawsuit challenging the validity of signatures that were submitted, as well as the process used to certify them. In July 2008, the Circuit Court for Montgomery County ruled that the measure should appear on the November ballot, concluding that the lawsuit was untimely. Today's Court of Appeals decision reverses the Circuit Court ruling.

In April 2008, a group of Montgomery County residents, joined by Equality Maryland, the state's largest lesbian, gay, bisexual and transgender civil rights group, formed Basic Rights Montgomery to preserve the new anti-discrimination law and educate the public about the protections the law would provide. The Human Rights Campaign and the National Gay and Lesbian Task Force provided $20,000 each in seed money for Basic Rights Montgomery to hire campaign staff. HRC also served on Basic Rights Montgomery's executive committee, sent dozens of staff and volunteers to help review the validity of signatures gathered in support of the petition and provided a Campaign College graduate to serve as a staff member on the campaign. HRC also provided $5,000 to help fund the legal challenge to the measure. The effort to repeal the law was led by Maryland Citizens for Responsible Government, a group whose efforts have been endorsed by the Family Research Council, a national far right group.

Montgomery County will join 13 states, the District of Columbia, and over 100 localities that prohibit discrimination on the basis of gender identity.

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