Wednesday, December 06, 2006

Artifact #1:: "Court of Appeals hears arguments on gay marriage"

Broadwater, Luke. "Maryland's highest court hears arguments over marriage law." The Baltimore Examiner [Baltimore, MD] December 5, 2006

So there were nine gay couple who were denied marriage licenses from the state of Maryland and together they sued five Circuit Court clerks. They were denied because of a 1973 case ruling that defined marriage as between a man and a woman.
Today, the state is asking the court to overturn the ruling in 1973 that says a marriage is between a man and a woman. One of the arguments was from Ken Choe, an attorney with the ACLU Lesbian Gay Bisexual Trangender Project. He said, "Fundamental rights belong to all Marylanders, not only to those who historically enjoy them." He means fundamental rights are for everyone, not just a choosen group. Also, he said, "...defining marriage in such a way that excludes gays and lesbians is another act in a long history of discrimination." This is completely true in my opinion.
Marriage should not be defined. The constitution was discriminative over African Americans so not allowing gay couples to wed is just the same. And it should not be done. Not now, not ever.
Fortunately, the court today ruled that the denial based on the 1973 case ruling violated Maryland's Equal Protection Amendment. This amendment prohibits discrimination based on gender.
However, I don't know if they ruled the ruling in 1973 as unconstitutional. But I hope they did.
Questions
  1. What was the 1973 case?
  2. Who did it involve?
  3. What were the reasonings behind the five marriage license clerks?
  4. Did this case rule that the 1973 ruling was unconstitutional, or just that the denial was a violation?