A Baltimore Circuit Court judge sided with nine gay couples yesterday, 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 gay men and lesbians to marry. The ruling, however, will not allow gay 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.
Murdock's decision 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. "When tradition is the guise under which prejudice or animosity hides, it is not a legitimate state interest."
Advocates applauded the ruling, saying it takes them "one step closer to ensuring that the right of equal protection applies to everyone."
"This is one of the fundamental issues of fairness facing our society," said David Rocah, a staff attorney for the American Civil Liberties Union of Maryland, which is representing the plaintiffs. "To have the court vindicate what we believed and argued is a wonderful feeling,"
But opponents of gay marriage quickly geared up to fight the judge's decision in the legislature and in voting booths, saying they would pursue a constitutional amendment.
"It's a sad day for the state of Maryland," said Del. Don Dwyer Jr., an Anne Arundel County 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."
Successful strategy
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 court clerks, and they filed suit after being denied. The lawsuit names City Clerk Frank Conaway and the clerks of Dorchester, Prince George's, St. Mary's and Washington counties.
"We're just amazed," said Lisa Polyak, 44; she and her partner, Gitanjali Deane, 43, are the lead plaintiffs in the lawsuit. "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."
