Maryland's highest court rejected same-sex marriage yesterday and upheld the state's 34-year-old statute defining marriage as a union between a man and a woman.
In a case watched closely around the nation, the Maryland Court of Appeals' 4-3 ruling dealt a blow to gay and lesbian advocates who launched their fight to overturn the state's marriage law three years ago. Yesterday, those advocates pledged to take the battle for marriage to the General Assembly, where two lawmakers have already said they will sponsor legislation to legalize same-sex marriage.
Opponents of same-sex marriage applauded yesterday's 240-page decision, calling it a victory for traditional families and noting that most appellate courts in other states have reached similar conclusions. They also promised to mount a legislative effort of their own, vowing an aggressive push to explicitly ban same-sex nuptials in the state Constitution.
The court's majority opinion rejected the plaintiffs' claim that the 1973 statute discriminates on the basis of gender. In addition, the court concluded that while marriage is a fundamental right, it is not a right extended to gays and lesbians under current state law.
Within hours of the decision, many of the same-sex couples who had served as plaintiffs in the legal challenge gathered outside a Bolton Hill church to express anger and disappointment with the court's ruling.
Lisa Polyak and her partner of 25 years, Gita Deane, the lead plaintiffs, said they would keep fighting for legal protections for their 11- and 8-year-old daughters - security they said would only be guaranteed through marriage.
"I feel like this decision is needlessly cruel to gay and lesbian families," said Polyak, speaking through tears during a news conference at Brown Memorial Church. "I wish these judges would have to face our children today because I have to."
David Rocah, staff attorney for the ACLU of Maryland and one of the lawyers representing the plaintiffs, said that the decision, while disappointing, did not mark the end.
"This is not the first time that the courts have not gone our way in this and other civil rights battles and it won't be the last time," he said. "I believe the march of history in this country is indeed a march toward justice."
Though the majority opinion rejected same-sex marriage, lawmakers who have for years made unsuccessful attempts at barring the unions in Maryland's Constitution said a ban was needed now more than ever.
