The Issues:
Marriage Equality
History
A brief history of Conaway v. Deane and Polyak, Equality Maryland and the ACLU's historic marriage equality case:
July 7, 2004:
The American Civil Liberties Union (ACLU) and Equality Maryland file a lawsuit, Deane and Polyak v. Conaway, on behalf of nine same-sex couples and a recently widowed man seeking the right to marry in Maryland. The lawsuit charges that excluding same-sex couples from marriage violates the state constitution's guarantees of equality. Click here to read the filing (PDF, 73 kb).
September 17, 2004:
In a one-sentence order, Baltimore City Circuit Court Judge M. Brooke Murdock rejects three motions to intervene in the marriage equality litigation. "[T]he intervention would unduly delay and prejudice the adjudication of the rights of the original parties," Murdock wrote. Eight state legislators had sought to become defendants in the lawsuit, as did the Anne Arundel County Clerk (through his counsel, Alliance Defense Fund, a national right-wing organization opposed to equality for LGBT people).
January 11, 2005:
Action on the case in the trial court is delayed by the Md. Court of Appeals (Maryland's high court), pending its ruling on the county clerk and state legislators' motion to intervene.
March 11, 2005:
Less than 24 hours after hearing arguments on the issue of whether state legislators and the Anne Arundel County Clerk would be allowed to intervene in the marriage fairness lawsuit, the Maryland Court of Appeals summarily dismisses their claims, allowing the case to move forward in the trial court. Click here to read the decision (PDF, 101 kb).
July 12, 2005:
Plaintiffs in the case respond to the defendants' motion for summary judgment. Click here to read the filing (PDF, 975 kb).
August 30, 2005:
Oral arguments take place before Baltimore Circuit Court Judge Brooke Murdock.
January 20, 2006:
Baltimore Circuit Court Judge Brooke Murdock issues a written decision that "[...] Maryland's statutory prohibition against same-sex marriage cannot withstand this constitutional challenge. Family law §2-201 violates Article 46 of the Maryland Declaration of Rights because it discriminates, based on gender against a suspect class; and is not narrowly tailored to serve any compelling governmental interests." Click here to read the full decision (PDF, 72 kb).
February 22, 2006:
The Maryland State Bar Association responds to attempts by some conservative legislators to impeach Judge Murdock in the wake of her decision. Click here to read the article.
July 27, 2006:
Maryland's highest court, the Court of Appeals, agrees to hear the appeal of Judge Murdock's ruling, bypassing an intermediate court, setting oral arguments for late in 2006.
December 4, 2006:
Oral arguments for the state's appeal are heard before the Maryland Court of Appeals, the state's highest court.
September 18, 2007:
In a 4-3 decision, the Court of Appeals rules that same-sex couples are not entitled to the full protection of Maryland law, and that the discriminatory status quo is constitutional. Click here to read the decision (PDF, 864 kb).
Click here to return to the Marriage Lawsuit main page.