Maryland judge strikes down same-sex marriage ban

BALTIMORE, Maryland (Reuters) – Maryland’s law against
same-sex marriage was struck down on Friday by a judge who
ruled in favor of 19 gay men and women who contended it
violated the state’s equal rights guarantees.

Although hailed by the American Civil Liberties Union as an
historic step toward allowing same-sex couples to legally marry
in Maryland, Baltimore Circuit Court Judge Brooke Murdock
stayed action on her ruling pending an anticipated appeal.

Voters in 13 U.S. states have approved constitutional
amendments in the past year and a half declaring their laws
would recognize marriage only between a man and a woman.

“After much study and serious reflection, this court holds
that Maryland’s statutory prohibition against same-sex marriage
cannot withstand this constitutional challenge,” Murdock wrote
in her decision.

Murdock rejected arguments that the law, which specifically
bars an individual from marrying a member of the same sex, was
not discriminatory since members of both genders are treated
the same way.

“The court finds unpersuasive the arguments … that
statutory prohibitions on same-sex marriage do not create
gender-based classifications because each prohibition applies
equally to both sexes,” Murdock wrote. “These arguments are
illogical and inaccurate.”

The ACLU filed the suit challenging the 1973 state ban on
same-sex marriage in July 2004. It was argued before Murdock
last August.

“This is such an exciting moment,” said Lisa Polyak, who
with her partner of 24 years, Gita Deane, was one of the
plaintiffs in the lawsuit.

“Our participation in this lawsuit has always been about
family protections for our children. Tonight, we will rest a
little easier knowing that those protections are within reach.”

Massachusetts is the lone U.S. state to recognize same-sex
marriages, while Vermont and Connecticut recognize same-sex
civil unions. New Jersey and Hawaii are among other states that
offer some legal protections for same-sex couples.

“Same-sex couples need the same protections for their
families that opposite-sex couples do,” said ACLU lawyer Ken
Choe, who argued the case.