Circuit Judge Brooke Murdoch of Baltimore city is reviewing the claims filed by 19 same sex couples that Maryland’s ban on same sex marriages violates guarantees of equal rights under the state Constitution.
Attorneys for the state argued that there is no fundamental right to marriage and urged the judge not to legislate from the bench. Judge Murdoch said she will take the case under consideration but did not indicate when she would rule.
This will be interesting in that the state is correct that there is no fundamental right to marriage. Since the state does not allow same sex marriage then it would be judicial activism to rule in favor of the couples.
The appropriate method for redress in this instance would be for the couples to petition their elected officials to change the law. Instead, they look to a judge to legislate from the bench. There are many laws that are in effect that are not well received by some, but the rule of law is just that.
Read about it at WBAL Radio