| Click here to go to the original topic View previous topic :: View next topic |
| Author |
Message |
F'losrix
Joined: 17 Nov 2004
Posts: 7989
Location: Michigan, Washtenaw County
|
| Posted: Fri Jan 20, 2006 2:19 pm Post subject: Maryland lower court rules on marriage for same-sex couples |
|
|
Here's a link to the decision:
http://equalitymaryland.org/Deane_Polyak_BCC_Decision.pdf
Here are some excerpts:
"This Court finds that Family Law §2-201 constitutes unjustified discrimination based on gender, in violation of Article 46 of Maryland's Declaration of Rights. The mere creation of a sex-based classification triggers application of the Equal Rights Amendment, under which distinctions drawn based on sex are suspect and subject to strict scrutiny. Because this Court finds that §2-201 is not narrowly tailored to serve any compelling government interests, this court must conclude that the statutory ban on same-sex marriage is unconstitutional."
...
"This Court finds the equal application theory fails as a matter of law because it is inherently illogical as a matter of fact. It is inaccurate and overly abstract to describe §2-201 as equally prohibiting men and women from marrying members of their own sex. Section 2-201 bars a man from marrying a male partner when a woman would enjoy the right to marry that same male partner. As compared to the woman, the man is disadvantaged solely because of his sex."
...
"The Court concludes that the prohibition of same-sex marriages is not rationally related to the state interest in the rearing of biological children by married, opposite-sex parents. Indeed, the prevention of same-sex marriages is wholly unconnected to promoting the rearing of biological children by married, opposite-sex parents. This Court, like others, can find no rational connection between the prevention of same-sex marriages and an increase or decrease in the number of heterosexual marriages or of children born to those unions."
...
Regarding the idea that children raised by two married, opposite-sex parents 'will have better opportunities to be nurtured and raised by two parents within long-term, committed relationships', the court ruled that it is "unable to agree to such broadly stated principles because the vast number of assumptions necessary to do so exceeds the scope of reasonable legislative speculation."
...
"Defendents argue that the General Assembly's enactment of laws such as those permitting second-parent adoption or designation of representatives and executors for health care and inheritance decisions address the effects of of Plaintiff's non-marital status. Defendents conclude that the creation of such statutes supports the rationality of the legislative determination to prevent same-sex marriage. This Court fails to see how this is so. If these ancilliary statutes make a married and a non-married couple essentially equivalent with respect to the effects of marriage, there simply is no rational reason to prevent the marriage."
I find this to be an interesting ruling in that it concentrates on the idea that the gender bias inherent in same-sex marriage bans violates equal protection.
That the court would find the statute fails strict scrutiny is hardly surprising - few laws are able to withstand it. That it finds the statute fails the rational basis test as well is more telling.
Those promoting gay marriage shouldn't be breaking out the champagne just yet, though. This is only a lower court decision and will certainly be appealed to Maryland's supreme court.
Edit: By the way, this was a summary judgment, not a determination based on a full trial. |
|
| Back to top |
|
strangedayze
Joined: 20 Jan 2006
Posts: 1
|
| Posted: Fri Jan 20, 2006 4:39 pm Post subject: |
|
|
Hello Skeptical,
I have been reading these forums for about a week now and have thoroughly enjoyed your posts. Not only have I learned a tremendous amount, but it has been quite enjoyable to read. Anyway, I have recently had a sparked interest in the political state of our country. While I admit I have been appalled with the direction this country has been going in for the last 5 years, I often found it easier not to read the news then to actually know what is going on. And yet in recent months I have become close to obsessed with following the right wing and Bush's next move having to do with gay marriage and abortion. My question to you is how can I get more involved in supporting pro choice issues, gay marriage, and voicing my opinion on the downward spiral better known as privacy in this country? While I was not of age to vote during the last election I attempted to get as many of my friends to get out and vote. It frustrates me to see such apathy among majority of my generation. I would love to hear back from you thanks. |
|
| Back to top |
|
F'losrix
Joined: 17 Nov 2004
Posts: 7989
Location: Michigan, Washtenaw County
|
| Posted: Fri Jan 20, 2006 6:33 pm Post subject: |
|
|
strangedayze wrote: Hello Skeptical,
I have been reading these forums for about a week now and have thoroughly enjoyed your posts. Not only have I learned a tremendous amount, but it has been quite enjoyable to read. Anyway, I have recently had a sparked interest in the political state of our country. While I admit I have been appalled with the direction this country has been going in for the last 5 years, I often found it easier not to read the news then to actually know what is going on. And yet in recent months I have become close to obsessed with following the right wing and Bush's next move having to do with gay marriage and abortion. My question to you is how can I get more involved in supporting pro choice issues, gay marriage, and voicing my opinion on the downward spiral better known as privacy in this country? While I was not of age to vote during the last election I attempted to get as many of my friends to get out and vote. It frustrates me to see such apathy among majority of my generation. I would love to hear back from you thanks.
I'll answer you via PM. |
|
| Back to top |
|
Ek0nomik
Joined: 17 Jul 2005
Posts: 2065
Location: La Fleur
|
| Posted: Sat Jan 21, 2006 11:28 pm Post subject: |
|
|
Regarding the idea that children raised by two married, opposite-sex parents 'will have better opportunities to be nurtured and raised by two parents within long-term, committed relationships', the court ruled that it is "unable to agree to such broadly stated principles because the vast number of assumptions necessary to do so exceeds the scope of reasonable legislative speculation."
Well, no s**t. If the parents love their adopted child, and the child loves his or her parents, than you're all set.
While I think these words are great and all, I really can't even get slightly excited about the outcome. I don't think same-sex marriage will become legal in any other states any time soon. Which I truly can't understand. |
|
| Back to top |
|
F'losrix
Joined: 17 Nov 2004
Posts: 7989
Location: Michigan, Washtenaw County
|
| Posted: Wed Jan 25, 2006 4:33 pm Post subject: |
|
|
Wow, the silence is deafening, here. No interest on the part of gay marriage opponents in debating the legal reasoning that says the gender bias of the current law violates equal protection?
No interest in debating the court's finding that the current marriage law fails even the lowest level of scrutiny - rational basis?
No interest in addressing the fact that this didn't even go to full trial; that the judge awarded a summary judgment to the Plaintiff's?
No comments about how this may or may not effect pending cases in other states?
(crickets)
Either they've no counter-arguments, or they're bored with the issue. |
|
| Back to top |
|
| Click here to go to the original topic |
|
