Tuesday, September 18. 2007Free state decides against freedom to marry It's a sad day for freedom in the Free State. The Maryland Court of Appeals (the state's highest court) handed down a decision that upholds the current state law that defines marriage as a union between a man and a woman thereby rejecting a lawsuit by 19 queers who were fighting for the right to marry their same-sex partners. As this is the highest court in the state, the Court of Appeals decision is final and can not be appealed since it deals with the Maryland constitution.The sadness is poignant and resonates with this writer who was born and raised in Maryland and whose great-grandparents settled in the state in pursuit of freedom from the institutionalized persecution they were subjected to in "the old country". While Alanis Morissette may define irony as rain on your wedding day, I would propose that irony is actually being denied the freedom to marry in a state that's nickname is The Free State. I understand that freedom is never easily won but I had high hopes for my home state in terms of marriage equality. Maryland has a tradition of progressive politics with some few setbacks over the years but I hope you will indulge my frustration, bitterness, and sense of rejection at Maryland for the moment. I know I'm not alone in these feelings and I'm glad that Equality Maryland and the ACLU are holding two marriage equality rallies tonight, September 18, 2007 (details on the rallies temporarily posted at http://www.equalitymaryland.org.
So what now? Next step Annapolis and the state legislature. In defending the 1973 discriminatory law barring same-sex marriage, Assistant Attorney General Robert A. Zarnoch indicated it would be up to the state legislature to make any changes. The court's decision stated, In declaring that the State’s legitimate interests in fostering procreation and encouraging the traditional family structure in which children are born are related reason ably to the means employed by Family Law §2-201, our opinion should by no means be read to imply that the General Assembly may not grant and recognize for homosexual persons civil unions or the right to marry a person of the same sex. According to Equality Maryland's website the ACLU and Equality Maryland are working with lawmakers in the Maryland legislature who have agreed to sponsor a bill that would change Maryland marriage laws to allow for queer marriage. For more details on the case, the court ruling and next steps check out the Equality Maryland Q&A. Trackbacks
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