Opponents of same-sex marriage are circulating a video of Attorney General Doug Gansler addressing a Equality Maryland event five months ago, suggesting that it “reveals great reason for suspicion regarding the referendum process” likely to occur if the law passes.
In the video, which has been posted by Marriage Equality on YouTube since last September, Gansler says that even if the same-sex marriage law is enacted, and then voters reject it, new judges appointed by Gov. Martin O’Malley will ultimately rule Maryland’s one man-one woman marriage law unconstitutional.
“Gov. O’Malley has been sympathetic from the start,” Gansler says to an audience of hundreds, claiming he’s “violating an attorney-client secret” by revealing O’Malley’s views. The governor was in the audience, and spoke after Gansler.
“Say we pass this, and we have same sex marriage here in Md. The right-wing myopic folks will then try to have a referendum,” Gansler says. “Every state that’s done this has not voted for marriage equality,” although Maine came close. “We may be successful.”
“Let’s say the people vote and the machines don’t work and they vote it down. So then what happens? We go back to marriage between man and a woman again. And then what happens? It goes to a court.
“Gov. O’Malley has appointed three new members to the Court of Appeals” since the state’s high court upheld current law enforcing traditional marriage in a 4-3 ruling.
“Clearly the current law is not constitutional,” Gansler says. “It violates equal protection. It violates due process. The new judges that Gov. O’Malley has appointed will ultimately decide that.”
“The only thing that would change the analysis would be if the Supreme Courtt gets this before that,” and finds the federal ban unconstitutional.
“So we will win,” Gansler told the cheering crowd.
Del. Don Dwyer, R-Anne Arundel, has been re-circulating the video, putting his own spin on Gansler’s remarks in another attempt to derail the push for gay marriage. Dwyer tried to impeach Gansler over an official opinion two years ago that ruled Maryland should recognize the validity of gay marriages performed in other states. He has introduced a constitutional amendment to protect traditional marriage.
Watching the video, “You will hear that the voting machines may not work and that ultimately this issue will end up before the judges that O’Malley appointed,” Dwyer said. “This video reveals great reason for suspicion regarding the legitimacy of the referendum process that may be before us.”