Monday, January 23, 2006

Will Maryland Be Next For Marriage Rights?

(Link) Circuit court sides with nine same-sex couples denied marriage certificates: "Although tradition and societal values are important, they cannot be given so much weight that they alone will justify a discriminatory statutory classification."
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LNewsEditor said...

JIC Post:
From Baltimore Sun

A Circuit Court judge sided with nine gay couples Friday, ruling that Maryland's law defining marriage as being between a man and a woman violates the state's constitution.

It is the latest decision in an intense national debate over the rights of gays and lesbians to marry.

The ruling, however, will not allow Maryland couples to become immediately eligible for marriage licenses. Judge M. Brooke Murdock stayed the order pending an appeal, which was immediately filed by the state attorney general's office.

The ruling spoke directly to what some would call the moral debate over gay marriage.

"Although tradition and societal values are important, they cannot be given so much weight that they alone will justify a discriminatory statutory classification," the decision states.

Advocates applauded the ruling, saying it takes them "one step closer to ensuring that the right of equal protection applies to everyone," according to David Rocah of the American Civil Liberties Union.

But opponents of same-sex marriage quickly geared up to fight the judge's decision in the legislature and voting booths, saying they will pursue a constitutional amendment.

"It's a sad day for the state of Maryland," said Del. Don Dwyer Jr., a Republican and leading gay marriage opponent in the House. "I assure you the majority of Maryland citizens do not agree with this court's decision."

Nine Maryland couples and one individual filed the lawsuit in Baltimore in July 2004, contending that the state's 1973 marriage law is unconstitutional.

Using a strategy successful in Massachusetts - the only state where same-sex marriage is legal - the plaintiffs requested marriage licenses from local clerks of courts, and they filed suit after being denied.

"We are relieved that finally the court took us seriously, that they recognize us as a legitimate family that needs protection under the law and is entitled to it," said Lisa Polyak, 44, who with her partner Gitanjali Deane, 43, are the lead plaintiffs.

But some plaintiffs remained cautious out of concern that opponents may gain momentum in their push for a constitutional amendment banning same-sex marriage.

Lawmakers who have pushed the General Assembly for years to pass such a ban said in interviews Friday they will move quickly to try again.

1/23/2006 10:11 AM

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