The passage of the law may feel sudden. But as someone who grew up in Maryland, I know from firsthand experience that this fight is not at all new. In 2008, there was a major push for the passage of a same-sex marriage bill. However, to one large reason why the bill did not pass was that neither O'Malley or the state legislature desired to make gay marriage a central issue that year. The legalization of same-sex marriage in 2011, consequently, can be attributed in part to the opening of a policy window--for the first time, supporters of gay marriage were effectively able to get their issue on the agenda while they had the chance.
O'Malley's belief in Maryland's commitment to gay marriage will most likely be tested in 2012. Because the law does not take effect until 2013, it is likely that opponents of gay marriage will petition to put it on the ballot in November. Putting the law to referendum, arguably, is the best way to govern according to a plebiscitary standpoint. However, supporters of gay marriage who oppose a referendum would argue with the trusteeship school--that it is our elected representatives' duty to do what they deem just and wise, regardless of the whims of the public. To what degree this debate stems from a deeply rooted difference of opinion on the nature of democracy vs. simple partisanship is uncertain.
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