Same-sex marriage in Maryland
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Same-sex marriage in Maryland is not currently recognized by state law. In 2004, supporters of same-sex marriage filed a lawsuit, Deane & Polyak v. Conaway, to force the state to recognize these unions. The Maryland Court of Appeals, the state's highest court, heard oral arguments on December 4, 2006, and ruled against the plaintiffs on September 18, 2007, leaving the legal ban on same-sex marriage in place.
In recent sessions of the Maryland General Assembly, legislators opposed to same-sex marriage have attempted, without success, to enact an amendment to the state constitution that would prohibit same-sex marriage regardless of the outcome of the lawsuit.
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[edit] Current law
Maryland Family Law, Section 2-201, provides that "[o]nly a marriage between a man and a woman is valid" in the state.[1]
[edit] Conaway v. Deane & Polyak
On July 7, 2004, the American Civil Liberties Union, in partnership with Equality Maryland, filed a lawsuit (Deane & Polyak et al. v. Conaway et al.) on behalf of nine same-sex couples and one man whose partner had recently died.[2] The plaintiffs had applied for marriage licenses in several Maryland jurisdictions, but their applications were denied by the respective county clerks, who are named as the defendants in the case. In their complaint, the plaintiffs asserted, among other things, that the state's prohibition of same-sex marriage violated Article 46 of the Maryland Declaration of Rights, which prohibits discrimination based on sex.[3]
| “ | [It] was a disappointing decision. It was very mediocre and the reasoning was shallow and inadequate. They never explained how if procreation is somehow central to marriage—which legally it clearly is not—how denying gay people the right to marry promotes procreation. | ” |
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—Evan Wolfson of Freedom to Marry on the 2007 decision, [4] |
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On August 30, 2005, oral arguments from each side were presented to Baltimore Circuit Court Judge M. Brooke Murdock. On January 20, 2006, Murdock ruled in favor of the plaintiffs, writing that "Maryland's statutory prohibition against same-sex marriage cannot withstand this constitutional challenge. Family law §2-201 violates Article 46 of the Maryland Declaration of Rights because it discriminates, based on gender against a suspect class, and is not narrowly tailored to serve any compelling governmental interests."[5]
Judge Murdock immediately stayed the decision pending an appeal by the office of the Maryland Attorney General.[6] On July 27, 2006, the Maryland Court of Appeals, the state's highest court, agreed to hear the appeal directly, bypassing an intermediate court.[7] Oral arguments were heard on December 4, 2006.[7]
On September 18, 2007, the Court of Appeals ruled against the plaintiffs in a 4-3 decision, leaving the statutory ban on same-sex marriage in place.[8]
[edit] Reaction to the lawsuit
While many civil rights groups hailed Judge Murdock's decision, opponents of same-sex marriage reacted by stepping up efforts to prevent legal recognition of such unions. Legislators opposed to same-sex marriage, led by Delegate Don Dwyer, have introduced several measures since the lawsuit was filed.[9]
[edit] Constitutional amendment
During the 2006 and 2007 sessions of the Maryland General Assembly, legislators opposed to same-sex marriage proposed several amendments to the Maryland Constitution to define marriage as a union between a man and a woman. If enacted, such an amendment would have the effect of keeping the prohibition on same-sex marriage in effect regardless of the outcome of Deane & Polkay v. Conaway or any future lawsuit.
One such proposed amendment, HB 48, was rejected by the Judiciary Committee of the Maryland House of Delegates on February 2, 2006. Prior to the vote, some committee members, who opposed the bill, amended it to create civil unions while banning same-sex marriage. This resulted in a unanimous committee vote to reject the proposed constitutional amendment.[9] Other amendment proposals (such as SB 262 and SB 690) were also introduced in 2006, but none were passed out of committee before the session came to an end in April.
Two similar proposals (SB 564 and HB 919) were introduced in the 2007 legislative session; once again, neither of them was passed out of committee. The latter amendment, which would have also banned the discussion of same-sex unions in schools, was defeated in the Judiciary Committee by a vote of 12-8 on March 22.[10]
[edit] Impeachment attempt
On March 7, 2006, Delegate Dwyer introduced a resolution in the Maryland General Assembly to impeach Judge M. Brooke Murdock, charging her with "violating the public trust, abuse of power, incompetence, willful neglect of duty, and misbehavior in office" for her Circuit Court decision in favor of same-sex marriage. Dwyer's resolution was defeated by a 19-3 vote in the Judiciary Committee on March 10.[11]
[edit] 2008 Legislative Session
State Senator Gwendolyn Britt of Landover Hills and Delegate Victor R. Ramirez of Mount Rainier were expected to submit a bill during the 2008 session to legalize same-sex marriage in Maryland.[12] Britt died on January 12, 2008. On January 25, 2008, House Bill 351 was introduced to amend Section 2-201 to define marriage as between "two people, not otherwise prohibited from marrying."[13] A bill in the Senate was also introduced by Senators Richard Madaleno and Jamie Raskin in Britt's place.[14] Roughly one quarter of each chamber has signed on as cosponsors of the bill.[13][14] If passed, it would become effective October 1, 2008.[15] The House bill was heard by the House Judiciary Committee on February 28, 2008.[16] The hearings were taped by Maryland Public Television.[16]
Equality Maryland held a rally in support of the bills on February 11, 2008.[17]
[edit] External Links
[edit] See also
- Same-sex marriage in the United States
- Same-sex marriage legislation in the United States
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinion
- Same-sex marriage status in the United States by state
- List of benefits of marriage in the United States
- Defense of Marriage Act
- Marriage Protection Act
- Defense of marriage amendment
- Federal Marriage Amendment
- Domestic partnerships in the United States
- Freedom to Marry Coalition
- History of civil marriage in the U.S.
[edit] References
- ^ Maryland Statute Article - Family Law §2–201. (1973). Retrieved on 2008-01-25.
- ^ White, Pamela J. (2005-06-24). Deane & Polyak et al. v. Conaway et al.. EqualityMaryland. Retrieved on 2008-01-25.
- ^ Baida, Andrew H. et al. Deane & Polyak et al. v. Conaway et al. Complaint for Declaratory and Injunctive Relief. ACLU. Retrieved on 2008-01-25.
- ^ Interview with Evan Wolfson, David Shankbone, September 30, 2007
- ^ Murdock, M. Brooke. Circuit Court for Baltimore City Case No.: 24-C-04-005390. Retrieved on 2008-01-25.
- ^ Bykowicz, Julie (2006-01-24). Judge lands in spotlight. Baltimore Sun. Tribune Company. Retrieved on 2008-01-25.
- ^ a b Brewington, Kelly (2006-07-28). Judges to hear same-sex lawsuit. Baltimore Sun. Tribune Company. Retrieved on 2008-01-25.
- ^ Harrell, Raker (2007-09-18). Court of Appeals of Maryland Opinion on Frank Conaway, et al. v. Gitanjali Deane, et al., No. 44, Sept. Term 2006. Retrieved on 2008-01-25.
- ^ a b Brewington, Kelly (2006-02-03). Marriage measure rejected. Baltimore Sun. Tribune Company. Retrieved on 2008-01-25.
- ^ Lynsen, Joshua (2006-03-22). Md. legislature kills same-sex marriage ban. Washington Blade Online. Window Media, LLC. Retrieved on 2008-01-25.
- ^ Weill-Greenberg, Elizabeth (2006-03-17). Move to impeach Md. judge fails. Washington Blade Online. Window Media, LLC. Retrieved on 2008-01-25.
- ^ Sedam, Sean R. (2007-09-18). Maryland’s high court upholds ban on same-sex marriage. Gazette.Net. Post-Newsweek Media, Inc.. Retrieved on 2008-01-25.
- ^ a b Ramirez, Victor R.; et al. (2008-01-25). House Bill 351. Retrieved on 2008-02-02.
- ^ a b Madaleno, Richard; et al. (2008-01-25). Senate Bill 290. Retrieved on 2008-02-02.
- ^ House Bills and Joint Resolutions, 2008 Maryland General Assembly Session (2008-01-25). Retrieved on 2008-02-02.
- ^ a b Hearing Schedule for: February 28, 2008. Retrieved on 2008-02-13.
- ^ Equality Maryland Lobby Day. Retrieved on 2008-02-03.
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