Wednesday, May 14, 2008

ANNAPOLIS (AP) Gov. Martin O’Malley yesterday signed into law a bill allowing genetic material to be taken from people who haven’t been convicted of a crime.

The bill is the most controversial of the dozens signed yesterday by Mr. O’Malley, a Democrat.

Mr. O’Malley also signed into law a bill to make walking the state exercise and one to increase criminal penalties for attending a dogfight or cockfight. Others to become law included measures extending a deadline for low-phosphorus dishwashing detergent and to study the death penalty.



The governor did not sign two measures that have disappointed both sides of the gay-marriage debate extending to unmarried couples, including gay couples, some benefits previously available only to married couples.

Catholic churches across Maryland asked parishioners Sunday to ask the governor to veto a bill making it easier for unmarried couples to make medical and funeral decisions for each other, and another bill eliminating real-estate transfer taxes for domestic partners.

“The most concerning, distressing thing about this legislation is what it says to young people,” said Dick Dowling, executive director of the Maryland Catholic Conference. “What is says is: You can have certain rights and privileges of marriage just by signing a document and showing a car rental and lease agreement.”

He also said the power to make medical decisions already can be attained under state law, and that the partner benefits are paving the way for gay marriage.

Gay activists in Maryland don’t oppose the benefit bills, but they would have preferred the legislature instead take gender definitions out of the law, making Maryland the second state to allow same-sex marriage. The 2008 session was the first general meeting of the state legislature since Maryland’s high court ruled in a Baltimore case that state law banning same-sex marriage is constitutional but lawmakers are free to change it.

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“I think the legislature really passed the absolute bare minimum,” said Dan Furmansky, executive director of Equality Maryland, the state’s largest gay rights advocacy group. He also said same-sex couples hoped lawmakers also would allow domestic partners to avoid paying an inheritance tax.

The DNA bill, one of Mr. O’Malley’s public-safety initiatives this year, would allow police to take genetic material from people charged with violent crimes. The measure raised objections from some about the ethics of taking DNA from people before they’re found guilty, but the measure was modified to allow for people exonerated of the crime to have their genetic material expunged.

Mr. O’Malley also did not sign a measure allowing sweet malt beverages to continue to be taxed at the same rate as beer. A recent attorney general’s ruling said alcoholic beverages such as Mike’s Hard Lemonade should be taxed at the same rate as liquor.

The governor has one more bill-signing scheduled this month and also may sign bills without ceremony. So far, he has not vetoed any bills from the 2008 General Assembly session.

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