Gov. Moore vetoes 3 bills, lets repeals of others go into effect

The work of the 2023 Maryland legislative session came to a close Friday when Gov. Wes Moore vetoed three bills and decided which others he will allow to go into effect without his signature, including the repeal of a law formerly used against the LGBTQ community.

Ofthe810billspassedbytheGeneralAssembly in the Democratic governor’s first session, he only vetoed three. Two were duplicative of bills he signed earlier this year, he said, while theotherwouldhavechangedthewaythestate procures commuter bus service providers.

In his veto letter to legislative leaders, Moore said adopting a “competitive sealed method of procurement” would tie the hands of future procurement officers and favor large contractors with political influence over small businesses. It would also lengthen the process by four to six months, which would also impact smaller, womenand minority-owned business more than larger businesses, the governor wrote.

Moore chose to allow 10 bills to go into effect without his signature, including House Bill 131 and Senate Bill 54, which will repeal the “unnatural or perverted sexual practice” clause from Maryland’s criminal code as of Oct. 1. Under current law, it is illegal to perform oral sex or other sexual acts deemed “perverted” on humans or animals. Perpetrators are subject to up to 10 years in prison or a $1,000 fine.

Democratic Sen. Clarence Lam, who represents parts of Howard and Anne Arundel counties, said the battle to get the legislation over the finish line was “hard fought” and a “real win for the LGBTQ community.”

It’s not known why Moore, who has celebrated other legislative victories for the queer community, such as a law he approved that will improve access to trans health care, didn’t sign the bill. A spokesman for the governor declined to comment on Moore’s decision to not sign the bill.

In2019,theGeneralAssemblypassedlegislation to bar sexual contact with an animal under Maryland’s aggravated animal cruelty statute. It passed in 2020 a bill to repeal sodomy as a criminaloffense.Allthatwasleftwastherepeal of unnatural or perverted practice — or oral sex — which was accomplished by the 2023 bill.

Lam sponsored the Senate version of the bill in 2022 and 2023, as well as the 2020 sodomy repeal legislation. He said that when the sodomy repeal passed, legislators “were provided assurances” that prosecutors would not use the antiquated perverted sexual practice statute. However, the Washington Blade reported in 2021 that Harford County sheriff ’s deputies charged four men with perverted sexual practice in 2021 — a year after the repeal of the sodomy statute.

According to a legislative analysis of the bill, there were 129 violations or charges made in district court in Maryland in fiscal year 2022, although only one conviction, and 60 violations or charges in circuit court, resulting in three convictions for “unnatural or perverted sexual practice.”

“Ultimately, we were really pleased that, through a lot of effort with advocates and our colleagues in the House, we were finally able to remove” the law from the books, Lam said. “This is ultimately an overdue win for the LGBTQ community, and we’re happy to see this part of the chapter closed.”

House Majority Leader David Moon of Montgomery County, a Democrat, sponsored the legislation in 2022 and 2023. He said he’s just elated it’s finally passed.

“I’m just thrilled this bill is finally becoming law after so many years of working on this,” Moon said.