Maryland Court Says State Cannot Bar Same-Sex Couples from Marriage Protec

[thrift_store_angel]

BALTIMORE – A Maryland circuit court ruled today that it is a violation of the state constitution to deny same-sex couples the numerous protections provided to married couples. The American Civil Liberties Union and Equality Maryland hail the decision as an historic step toward the ability of same-sex couples to legally marry in the state.

“This is such an exciting moment,” said Lisa Polyak, who with her partner, Gita Deane, is one of the plaintiffs in the lawsuit filed by the ACLU. “Our participation in this lawsuit has always been about family protections for our children. Tonight, we will rest a little easier knowing that those protections are within reach.”

Baltimore City Circuit Court Judge Brooke Murdock issued a decision finding that denying same-sex couples the ability to marry violates the state constitution’s Equal Rights Amendment, which protects against discrimination based on sex. She also found that there is not even a rational basis for denying same-sex couples the ability to marry.

The court ruled, “When tradition is the guise under which prejudice or animosity hides, it is not a legitimate state interest.” The opinion further noted, “The Court is not unaware of the dramatic impact of its ruling, but it must not shy away from deciding significant legal issues when fairly presented to it for judicial determination. As others assessing the constitutionality of preventing same-sex marriage note, justifying the continued application of a classification through its past application is ‘circular reasoning, not analysis,’ and that it is not persuasive.”

EDITED BY ADMIN: COPYRIGHT

Biographical information on all of the plaintiffs, the legal documents, and other background materials, including a set of FAQs about Deane and Polyak v. Conaway, are available at www.aclu.org/caseprofiles, www.aclu-md.org and www.equalitymaryland.org.

[bigscott]

1. damn activist court

activist = something the RW lunatics don't like

Rock on Maryland!!

[TechBear_Seattle]

2. I hope the MD Court of Appeals upholds this decision n/t

[GodlessBiker]

3. Wow! Great news! This will be kicked up for a higher look though.

[terrya]

4. thrift_store_angel

Per DU rules, please limit the article posted to 4 paragraphs.

Thank you
terrya
DU Moderator

[Brian_Expat]

5. Now a long anti-gay amendment battle awaits

Let's lead the fight!

[TaleWgnDg]

6. Here's excellent source materials plus a WaPo follow-up article

.

Maryland (trial) court rejects same-sex marriage ban

James M. Yoch. Jr., JURIST NEWS, Friday, January 20, 2006, at 2:32 PM ET

(JURIST NEWS) Baltimore City Circuit Court Judge M. Brooke Murdock (official profile) on Friday, January 20, 2006, ruled (opinion, .pdf format, AdobeReader® required) against a 1973 state law that prohibits same-sex marriage (JURIST news archive), declaring that the statute subjects the plaintiff couples to a discriminatory classification based solely on their sexual orientation. The American Civil Liberties Union (ACLU) (official website) filed the case (JURIST report) last July on behalf of 19 gay men and women challenging the constitutionality of the law. Judge Murdock granted summary judgment to the plaintiffs in the case (ACLU materials), but stayed the decision pending any appeal because of its potential effects. The Maryland Attorney General (official website) has announced plans to appeal the decision and the state General Assembly (official website) recently began its 90-day session, and will likely take up the issue. The Washington Post has more.

. . . more at . . . http://jurist.law.pitt.edu/paperchase/2006/01/maryland-court-rejects-same-sex.php
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This Maryland (trial) court ruling is a Summary Judgment (order and memo of law) granted in favor of the (plaintiffs) same-sex couples as well as a Summary Judgment denial of the (defendants) various State of Maryland officials' legal position. Costs were awarded to the same-sex couples. The court's order will not take effect pending appeals, if any. For those so inclined, read Judge Brooke's complete court order and her memo of law, all of which consist of 22 pdf-format pages. I highly recommend reading her order and memo (.pdf format, AdobeReader® required), and not accepting (mis)information from secondary or third-party sources, such as television, radio, newspaper, or internet talking-heads and spews.


In addition, the Washington Post reports that Maryland's Attorney General has filed preliminary paperwork for an appeal against this trial court's order and memo. As well as the Maryland state legislature may attempt to take up a state constitutional amendment (over-riding any Maryland court rulings):

(Trial) Judge Rejects (Maryland) Anti-Gay Marriage Law

by Matthew Mosk, Washington Post Staff Writer, Friday, January 20, 2006; 6:03 PM

A Baltimore (trial court) judge ruled this morning that Maryland's law banning same-sex marriage "cannot withstand constitutional challenge," throwing open the possibility of a ferocious legislative battle over a constitutional amendment on the issue.

Circuit Judge M. Brooke Murdock, acknowledging her ruling's impact, immediately stayed the decision, and the state attorney general's office has filed notice of its intent to appeal. But the decision comes just as the Maryland General Assembly has convened for its 90-day session, and promises to refocus the legislature's attention squarely on the issue.

"The evidence is now on the table. We must pass a constitutional amendment," said Del. Donald H. Dwyer Jr. (R-Anne Arundel). "This issue is not for the courts to decide."

. . . more at . . . http://www.washingtonpost.com/wp-dyn/content/article/2006/01/20/AR2006012000780.html?nav=rss_metro
.

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[thrift_store_angel]

7. Senate President Thomas V. Mike Miller, a Democrat, said.....

he believes the ruling will be overturned.

"In my opinion, the plaintiffs forum-shopped," Miller said. "I don't think the same opinion would have been rendered in 90 percent of the other circuits in the state of Maryland."

more at: http://tinyurl.com/asmfx

Isn't he sweet, we don't have to worry about repugs gaining more ground in Md, we have democrats to help beat down human rights everytime they rear their ugly head! :mad: