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Published: September 19, 2007
BALTIMORE - Plaintiffs vowed to take the fight over gay marriage in Maryland to the Legislature after the state's highest court threw out a suit Tuesday challenging a law that defines marriage as a union between a man and a woman.
In a 4-3 decision, the Court of Appeals ruled the state's 1973 ban on gay marriage does not discriminate on the basis of gender and does not deny any fundamental rights guaranteed by the state constitution. The court also found the state has a legitimate interest in promoting opposite-sex marriage.
'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,' Judge Glenn T. Harrell Jr. wrote for the majority.
Plaintiffs said the judges missed a historic opportunity to strike down a discriminatory law. Legislators on both sides of the debate predicted action on the issue in the next session. The heavily Democratic Legislature has passed several gay-rights laws in recent years but has not voted on legalizing same-sex marriage or civil unions.
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