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12-05-2006
 

Maryland, ACLU Take Same-Sex Marriage to Highest State Court

 

Maryland's highest court heard arguments Monday concerning marriage; state attorneys argued that the issue is best left to lawmakers, but advocates of same-sex marriage called it a fundamental right.

"There is no fundamental, constitutional right to same-sex marriage," Robert A. Zarnoch, an assistant state attorney general, told the seven-member Court of Appeals.

According to The Washington Times, Kenneth Choe, a lawyer with the American Civil Liberties Union, said state law should not exclude homosexual couples from marriage because they have "committed relationships and loving households."

"Fundamental rights belong to all Marylanders," he told the court. "They do not belong only to those who have historically enjoyed them."

Nine same-sex couples and a gay man brought the suit. A ruling is expected in weeks.

They are challenging a 1973 amendment to the state constitution that defines marriage as a union only between one man and one woman.

Zarnoch said the lawsuit seeks to redefine the law and marriage.

"The General Assembly is the proper venue to weigh these issues," he said. He added that if the court were to redefine marriage, it would have "the unfortunate consequence of placing these issues outside the area of public debate."


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