Gay Marriage Ban Fails in Md.

Republicans recoiled at the prospect. Del. Susan K. McComas (Harford) said that if she were "a cynical person, I would say this is a poison pill to kill the whole bill."

"Let's be honest," she added. The purpose of the Dumais amendment "is to confuse the members and come out with a bill that looks like scrambled eggs."

When it came time for the roll call vote on the civil unions amendment, several Republicans replied, "Adamantly opposed!" or "Absolutely no." Three Democrats broke ranks to side with GOP lawmakers.

After the vote, five of the Republicans on the committee asked to have their names removed as sponsors. When they left the committee room, the Republicans gathered in the gleaming hallways of the House's still-unfinished office building to excoriate Democratic leaders. That led to a rare public shouting match.

"What just happened in the House Judiciary Committee was a travesty," said Del. Christopher B. Shank (R-Washington).

Del. Robert A. Zirkin (D-Baltimore County) made no apologies for the procedural moves the Democrats employed. He said that Tuesday's hearing on the bill was an outpouring of homophobia and that the "disgusting comments" represented "the lowest moment of my eight years here."

"Just because Delegate Dwyer has made it his cause celebre to bash gays doesn't mean we don't have a process down here," Zirkin said later.

Earlier in the day, Busch thwarted an effort by GOP lawmakers to circumvent the committee and bring the constitutional amendment directly to the House floor. Under House rules, members can employ a rarely used procedure to petition the bill out of committee, but it takes 47 votes. With only 43 House Republicans, the bill's backers went in search of Democrats and found four: Theodore J. Sophocleus and Joan Cadden, both of Anne Arundel, Rosetta C. Parker (Prince George's) and Kevin Kelly (Allegany).

Republican whip Anthony J. O'Donnell (Calvert) had the petition in hand when the House convened shortly after 10 a.m. But just after the prayer and Pledge of Allegiance -- and before O'Donnell had a chance to deliver the document -- Majority Leader Kumar P. Barve (D-Montgomery) moved to recess the session, the speaker banged his gavel and the moment had passed.

"They stuffed us!" O'Donnell gasped as the speaker walked off the floor.

Democrats defended the countermeasure, saying it was Republicans who were attempting to bypass a process that has been in use in Annapolis for 300 years.

Republicans said they will probably try another unusual procedural move to revive the measure on the House floor. But, McComas said, "we just don't have the numbers." Typically, the Senate will not take up a bill that has been defeated in the House.

The lengths that Democratic leaders have gone to prevent a vote on the measure speaks to the history of same-sex marriage proposals in other states, where some evidence suggests that such ballot initiatives have driven up Republican turnout on Election Day.

If lawmakers do not pass the constitutional amendment, there is no way for citizens to put such a measure on the ballot.

Ehrlich said yesterday that "there's no doubt in my mind that this will be an issue in the 2006 races," though his position has been evolving since the Baltimore court ruled. First, he supported letting the court process take its course but said he strongly backed "traditional marriage." He said he would ask his chief counsel to help him map out a strategy.

On Jan. 26, his State of the State address made no mention of the issue. Then, late Monday, he issued a statement urging the legislature to let the matter be debated on the floors of both chambers. Yesterday, he went a step further, saying he backed a public vote. "The people of Maryland should decide," he said.

Staff writer John Wagner contributed to this report.