QUESTION 6: REFERENDUM BY PETITION
Statutory Enactment Petitioned to Statewide Referendum –
Civil Marriage Protection Act
Chapter 2 of 2012 (House Bill 438)
Summary
This Act amends current law to allow gay and lesbian couples to obtain a civil marriage
license. Other prohibitions and age restrictions relating to who may legally marry remain in
place.
The Act also provides religious protections. Religious entities retain exclusive control
over their own theological doctrines, policy teachings, and beliefs regarding who may marry
within that faith. No official of a religious order or body authorized to perform a marriage
ceremony may be required to celebrate or officiate any particular marriage or religious rite of
marriage in violation of the right to free exercise of religion as guaranteed by the U.S. and
Maryland constitutions, and may not be subject to any fines or other penalties for the failure or
refusal to do so.
Further, under the Act no religious entity may be required to provide services,
accommodations, advantages, facilities, goods, or privileges if they are related to the celebration
of a marriage that violates the entity’s religious beliefs or to the promotion of marriage through
any social or religious programs or services, unless State or federal funds are received for that
specific program or service, nor does a refusal to provide any create a civil claim or cause of
action. Moreover, the State may not penalize, withhold benefits from, or discriminate against the
entity because of the refusal. The protections in the Act extend to associations, societies, or
nonprofit institutions or organizations operated, supervised, or controlled by a religious entity. If
this question is approved by voters, the resulting changes to the statute cannot be interpreted to
prohibit any religious entities from limiting admission to or giving preferences to individuals of
the same religion or denomination when otherwise permitted by law.
Finally, the Act also states that a fraternal benefit society that is operated, supervised, or
controlled by a religious organization may not be required to admit individuals as members or
provide insurance benefits if doing so would be a violation of its religious beliefs. Such refusals
may not create a civil claim or cause of action or form the basis for the withholding of
governmental benefits or services.
The Act does not affect existing laws prohibiting discrimination in employment, housing,
or public accommodations on the basis of sexual orientation.
