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Court Upholds State's Gay Marriage Ban |
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Tuesday, September 18,
2007 |
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Maryland's highest court Tuesday upheld a state law defining marriage as a union between a man and a woman, ending a lawsuit filed by same-sex couples who claimed they were being denied equal protection under the law.
A divided Court of Appeals ruled that Maryland's 1973 ban on gay marriage does not discriminate on the basis of gender and does not deny any fundamental rights, and that the state has a legitimate interest in promoting opposite-sex marriage.
The decision essentially sent the gay-marriage issue back to the legislature.
"Our opinion should by no means be read to imply that the General Assembly may not grant and recognize for homosexual persons civil unions or the right to marry a person of the same sex," Judge Glenn T. Harrell Jr. wrote for the four-judge majority, which also included Judges Dale R. Cathell, Clayton Greene Jr. and Alan M. Wilner.
Chief Judge Robert M. Bell and Judge Lynne A. Battaglia dissented. Judge Irma S. Raker wrote a separate dissent but also concurred with the majority, in part.
The suit was filed on behalf of gay couples who had been denied licenses to marry by court clerks in several counties and Baltimore city.
Baltimore Circuit Judge Brooke Murdock struck down the law defining marriage as between one man and one woman in January, 2006, but stayed the effect of the ruling while it was under appeal.
Judge Murdock wrote in her opinion that the law "discriminates based on gender.
"Truly this is a great day and a great victory," said Del. Don Dwyer, R-Anne Arundel. "It is clear that they ruled on the side of law, they upheld Maryland's law." Dwyer has sponsored a constitutional amendment upholding traditional marriage in Maryland.
Senator Richard Madaleno, D-Montgomery County, tells WBAL Radio he is disappointed in the outcome and very surprised by the decision. Madaleno is an openly gay member of the legislature.
The ACLU of Maryland, which provided legal representation for the plaintiffs, said the fight gay marriage in Maryland would continue.
Many of the plaintiffs have children, and they argue that their families are being denied the stability and legal protection that comes from having married parents.
Lisa Kebreau, 39, and her partner, Mikki Mozelle, 31, who live in Riverdale, have three children - ages 17, 2 and 20 months.
"We really wanted them to understand how normal and good their family is - that their family is just like any other family," Kebreau said.
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