Judge Strikes Down Maryland Gay-Marriage Ban

I'll let the Baltimore Sun tell you about it.

A Baltimore Circuit Court judge today struck down Maryland's 33-year-old law against same-sex marriage, ruling in favor of 19 gay men and women who contended the prohibition violated the state's equal rights amendments.

Anticipating that her decision eventually would be appealed to Maryland's highest court, the Court of Appeals, Judge M. Brooke Murdock stayed action on her ruling pending that appeal.

"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. Md. court rules against same-sex marriage ban: Judge says state law 'cannot withstand constitutional challenge'

The argument was hard-fought...

During arguments in August, Assistant Attorney General Steven Sullivan appealed to Murdock not to interject the courts into what he said is a legislative prerogative. Approving marriage of same-sex couples would change "the essence of the institution as it has always existed," he said at the time.

But in her ruling today, Murdock wrote that the law "discriminates based on gender."

"There is no apparent compelling state interest in a statutory prohibition of same-sex marriage discriminating, on the basis of sex, against those individuals whose gender is identical to their intended spouses," Murdock wrote. "Indeed, this court is unable to even find that the prohibition of same-sex marriage rationally relates to a legitimate state interest."

No word yet from the governor on this one, but I don't think there's much question about what his views wil be.

Gov. Robert Ehrlich's spokesman, Henry Fawell, said the Republican governor had heard of the ruling, but had not seen it.

"It has been forwarded to his legal counsel for review," Fawell said. "It would be premature to comment on the ruling at this point, but as the governor has said before, he believes marriage is between one man and one woman."

And yeah, that's right, it often is...

Does anybody have a good explanation for why the government is in the business of defining marriage? Do we really need some politicians to write the dictionary for us?

Well, congratulations to those who have fought so hard for this. As the story says, it's sure to be appealed, but I think over time, as the bricks tumble, we'll see fewer and fewer states setting them back up, once people see that nothing is really hurt by letting people be happy together.