Lambda Legal

Summary

In July 2004, a group of lesbian and gay couples and a gay widower filed this case in Maryland state court seeking the right to marry under the state constitution’s guarantees of due process and equal protectionEqual protection  the constitutional right to have the same access and be treated equally by the law (more keywords). The trial courtTrial Court  Court that hears the original arguments in a case, may include a jury (more keywords) ruled in the plaintiffs'Plaintiff  Party who initiates a lawsuit (more keywords) favor in January 2006, holding that excluding same-sex couples from marriage discriminates on the basis of sex without a constitutionally sufficient government justification. The government appealedAppeal  To ask a higher court to reverse the decision of a trial court (more keywords) to Maryland’s highest court. Lambda Legal filed an amicus briefAmicus brief  Brief submitted by person or organization to advise court on a particular issue in the case (more keywords) in the high courtHigh court  A state’s highest court (usually the state supreme court), or in the federal system, the United States Supreme Court (more keywords) on behalf a diverse coalition of organizations representing those with disabilities, the elderly and the impoverished.

Context

Our briefBrief  A written legal argument submitted to the court(more keywords) focuses on the proper application of the “rational review test” — which examines whether a legislatureLegislature  The federal or state branch of government responsible for enacting laws (more keywords) had a reasonable and not an arbitrary basis for enacting a particular law. This standard of review is the most deferential to the legislature. But it serves as an important bulwark against discrimination by requiring that laws are not passed based on irrational stereotypes or prejudices against a group of people.

Lambda Legal's Impact

This historic case will decide whether Maryland’s constitution requires granting committed same-sex couples the right to marry. If successful, the case will affect the numerous gay and lesbian couples living in Maryland.

History

• October 2006 Lambda Legal files amicus brief in Maryland Court of Appeals in support of plaintiffs, lesbian and gay individuals seeking the right to marry in Maryland.
• December 2006 Maryland high court hears oral argument in case.