By Bailey Quinonez

Staff Writer

The highest court in Maryland has ruled, but representatives of the Alliance Defense Fund (ADF) said that ruling won't stop them from trying to get a referendum on the transgender anti-discrimination law on the November ballot.

On Sept. 29, the Alliance Defense Fund and allied attorneys filed a lawsuit in a last minute effort to have a referendum that would lead to a vote asking to overturn Montgomery County's transgender anti-discrimination law on the November ballot. But some residents are calling the lawsuit "frivolous."

"A democratic government should not silence its people," said ADF litigation counsel Amy Smith. "The board has no legal authority to shut out 900,000 Montgomery County voters who should have their say on this new law."

The lawsuit comes not even a month after a decision by Maryland's highest court, the Court of Appeals, to block a referendum from the November ballot.

The dispute between the supporters and local religious and conservative groups erupted after the County Council unanimously approved the transgender bill in November 2007, which County Executive Isiah Leggett signed into law. Opponents circulated a controversial petition earlier this year for a referendum in November 2008.

Equality Maryland, a gay and transgender rights group, alleged that the Board of Elections improperly submitted 26,000 signatures and miscalculated the number of signatures needed to bring the law to referendum.

The new lawsuit argues that the Board of Elections does not have the authority to remove the referendum from the Nov. 4 ballot. ADF is also asking for a temporary restraining order to prevent the transgender anti-discrimination law from going into effect since "voters have been unconstitutionally denied the opportunity to vote on the measure," said ADF officials.

But Dana Beyer, legislative aide to Councilmember Duchy Trachtenberg (D - At Large), and a transgender woman herself, calls the lawsuit "frivolous."

"They are trying to show their colors to their people," Beyer said. "The law has been [in effect] for about a month. They are pandering to their base."

Equality Maryland Executive Director Dan Furmansky said that the decision has already been made. "We believe this is a frivolous case that will not withstand more than a minute of scrutiny from the Circuit Court," he said. "The Court of Appeals has already ruled that the referendum should not go on the ballot."

Maryland Citizens for a Responsible Government (CRG) are among six of the petitioners for the lawsuit. As in the case heard before the Court of Appeals, CRG is represented by ADF. "We are doing this on behalf of all of the Montgomery County citizens who signed this petition," said Michelle Turner, spokesperson for CRG.

According to Board of Elections attorney Kevin Karpinski, even though the ADF is asking for the referendum to be placed on the Nov. 4 ballot, the next available ballot is for the year 2010. "The question can't appear on the ballot at this point. It's been prepared and sent out," said Karpinski.

But Beyer does not believe that this is the last that the gay and transgender community will see of these lawsuits. "If and when we win the proposition in California it will take the wind out of the sails of the homophobic movement," she said, referring to a bill that would eliminate the right for gay couples to marry in the Golden State.

Beyer said that she has and continues to reach out to groups that fight laws like the transgender anti-discrimination law in Montgomery County, but added, "There are bigger issues that people should be paying attention to" in this November election.

The anti-discrimination law, according to county officials, is already in effect. However, the Board of Elections plans to issue an official statement regarding the lawsuit in the next two weeks.