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State-by-state fight looms over same-sex marriages

In Maryland, lawmakers on both sides plan bills

Ehrlich opposes unions

November 22, 2003|By Frank Langfitt , SUN STAFF

Gay rights advocates won a major victory when the Massachusetts high court struck down a ban on same-sex marriages this week - but that powerful precedent will not be easy to duplicate as both sides prepare for a state-by-state battle that could last a decade or longer.

If Massachusetts follows up by legalizing gay marriage, same-sex couples who obtain licenses there can return to their home states and file suit demanding legal recognition, accelerating a social, religious, political and legal struggle over the nature of marriage in American society.

"It's trench warfare for quite a long time," said Mat Staver, who heads Liberty Counsel, a conservative legal defense organization in Orlando, Fla. "There aren't going to be any precision-guided bombs, where there is one big drop and it's all over.

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"There are going to be judicial and legislative battles, including referenda initiated by the people."

Among the more promising targets for gay rights advocates is Maryland, which has fewer legal restrictions against same-sex marriage than most. Gov. Robert L. Ehrlich Jr., however, says he firmly opposes gay marriage and would veto any legislation to legalize it.

Both sides agree that the push for gay marriage nationwide faces many obstacles, despite last week's landmark ruling.

Opponents built a legal firewall against same-sex marriage in the 1990s, when 37 states passed Defense of Marriage Acts, which define marriage as a union between a man and a woman.

In addition, the 1996 federal Defense of Marriage Act permits states to reject same-sex marriages from other jurisdictions.

"There is no doubt that in those states with anti-marriage laws, [gay] families are going to have a much harder time," said David Buckel, director of the marriage project for Lambda Legal, a gay civil rights group.

Buckel also said the legal battle would move more slowly and deliberately than his opponent's military imagery suggests, relying on individual gay couples to challenge state laws.

"This is not some big chess game being run by a few people in the country," Buckel said.

Maryland `friendly'

Gay rights activists view Maryland as a potentially friendly venue for a lawsuit, given the state's generally progressive politics and a 2001 law prohibiting discrimination in employment and housing based on sexual orientation.

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