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Maryland judge strikes down same-sex marriage ban

Posted on: Friday, 20 January 2006, 14:27 CST

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.

Source: REUTERS

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