LGBTQ+ Issues and the 2021 Session

The LGBTQ+ Task Force is inactive, but we tracked legislaton of interest. Among the bills that passed were the following:

HB 130 - Commission on LGBTQ Affairs – Established

The Governor’s Office of Community Initiatives (GOCI) coordinates community and volunteer service activities in the State and develops and coordinates the Governor’s policy agenda affecting community programs and initiatives. The office also advises the Governor on policies to enhance and improve the delivery of community and volunteer services, in addition to coordinating the Governor’s ethnic and cultural commissions. House Bill 130 (passed) establishes the Commission on LGBTQ Affairs in GOCI. The commission must (1) assess the challenges facing lesbian, gay, bisexual, transgender, and queer (LGBTQ) communities; (2) collect data across State agencies on the implementation of LGBTQ-inclusive policies and complaints alleging discrimination based on sexual orientation or gender identity; (3) study and establish best practices for inclusion of LGBTQ individuals and communities; (4) inform the Executive and Legislative branches of State government on issues concerning women and LGBTQ persons; (5) offer testimony on issues concerning women and LGBTQ persons before legislative and administrative bodies; (6) act as a clearinghouse for activities to avoid duplication of efforts; (7) create surveys and appoint certain advisory committees; and (8) publish an annual report, and any other material the commission considers necessary, that includes recommendations on policies for LGBTQ adults and youth that work to end discriminatory practices in the State.

HB 128 / SB 220 - Criminal Law - Hate Crimes - Protected Groups and Penalties
Alters the list of protected classes under existing hate crime statutes to include “gender identity,” as defined in § 20-101 of the State Government Article. The bills also (1) authorize a sentencing court to order a person convicted of a hate crime to complete an antibias education program and (2) require the University System of Maryland to manage the development of an anti-bias education program.  “Gender identity” means the gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth, which may be demonstrated by consistent and uniform assertion of the person’s gender identity or any other evidence that the gender identity is sincerely held as part of the person’s core identity.

 

HB 231 - Crimes - Mitigation and Defense - Race, Color, National Origin, Sex, Gender Identity, or Sexual Orientation
Establishes that the discovery or perception of, or belief about, another person's race, color, national origin, sex, gender identity, or sexual orientation, whether or not accurate, does not constitute legally adequate provocation to mitigate a killing from the crime of murder to manslaughter nor is it a defense to the crime of assault in any degree.
 

Subject
Bill Number
XFile Bill Number
Sponsor
Title
Status
Current Location
Synopsis
Commission on LGBTQ
HB0130
Delegate Qi
Commission on LGBTQ Affairs - Established
Allowed to go into effect without Governor's signature
Establishing the Commission on LGBTQ Affairs in the Governor's Office of Community Initiatives; providing for the appointment, qualifications, terms, removal, and resignation of Commission members; requiring the Commission to elect annually a chair and vice chair; authorizing the Commission to appoint a director; establishing that the director is a special appointment; requiring publication of an annual report to include recommendations on policies for LGBTQ adults and youth to end discriminatory practices in the State; etc.
False report hate crime
HB0306
SB0400
Delegate Jackson
Hate Crimes - False Statement to a Law Enforcement Officer
Passed House - No vote in Senate Committee
Judicial Proceedings
Clarifying that the making of a certain false statement to a law enforcement officer may form the basis for a certain hate crime.
False report hate crime
SB0400
HB0306
Senator Carter
Hate Crimes - False Statement to a Law Enforcement Officer
Hearing Held - No vote in committee
Judicial Proceedings
Clarifying that the making of a certain false statement to a law enforcement officer may form the basis for a certain hate crime.
Hate crime mitigation
HB0231
SB0046
Delegate Palakovich Carr
Crimes - Mitigation and Defense - Race, Color, National Origin, Sex, Gender Identity, or Sexual Orientation
Allowed to go into effect without Governor's signature
Establishing that the discovery or perception of, or belief about, another person's race, color, national origin, sex, gender identity, or sexual orientation, whether or not accurate, does not constitute legally adequate provocation to mitigate a killing from the crime of murder to manslaughter nor is it a defense to the crime of assault in any degree.
Hate crime mitigation
SB0046
HB0231
Senator Lam
Crimes - Mitigation and Defense - Race, Color, National Origin, Sex, Gender Identity, or Sexual Orientation
Passed Senate - No vote in House Committee
Rules and Executive Nominations
Establishing that the discovery or perception of, or belief about, another person's race, color, national origin, sex, gender identity, or sexual orientation, whether or not accurate, does not constitute legally adequate provocation to mitigate a killing from the crime of murder to manslaughter; and establishing that a certain discovery or perception of, or belief about, another person's race, color, national origin, sex, gender identity, or sexual orientation is not a defense to the crime of assault in any degree.
Hate crimes
HB0128
SB0220
Delegate Stewart
Criminal Law - Hate Crimes - Protected Groups and Penalties
Allowed to go into effect without Governor's signature
Altering the term 'sexual orientation' in the context of hate crimes; including gender identity in the list of characteristics protected by the prohibition on hate crimes; authorizing a court to require an offender convicted of hate crimes to complete an antibias education program; requiring the University System of Maryland to manage the development of an antibias education program that provides antibias education relevant to certain provisions of Maryland law by January 1, 2023; etc.
Hate crimes
SB0220
HB0128
Senator Hettleman
Criminal Law - Hate Crimes - Protected Groups and Penalties
Allowed to go into effect without Governor's signature
Altering the term 'sexual orientation' in the context of hate crimes; including gender identity in the list of characteristics on the basis of which a person may not commit certain acts; authorizing a court to require an offender convicted of hate crimes to complete an antibias education program in addition to any other penalties imposed; requiring the University System of Maryland to manage the development of an antibias education program by January 1, 2023; etc.
Nondiscrimination
HB1088
SB0768
Delegate Acevero
Nondiscrimination and LGBTQ+ Individuals
Hearing Held - No vote in committee
Health and Government Operations
Stating that it is the policy of the State to provide equal access to various courts, agencies, programs, departments, and services for LGBTQ+ individuals, improve safety, well-being, and stability for LGBTQ+ individuals, ensure LGBTQ+ individuals are protected from discrimination on the basis of certain nonmerit factors, prohibit discrimination on the basis of certain nonmerit factors, and provide appropriate training to employees and contractors of various State agencies and departments; etc.
Nondiscrimination
SB0768
HB1088
Senator Washington
Nondiscrimination and LGBTQ+ Individuals
Hearing Held - No vote in committee
Judicial Proceedings
Stating that it is the policy of the State to provide equal access to various courts, agencies, programs, departments, and services for LGBTQ+ individuals, improve safety, well-being, and stability for LGBTQ+ individuals, ensure LGBTQ+ individuals are protected from discrimination on the basis of certain nonmerit factors, prohibit discrimination on the basis of certain nonmerit factors, and provide appropriate training to employees and contractors of various State agencies and departments; etc.