BALTIMORE, Jan. 20 (UPI) -- A Baltimore Circuit Court judge has struck down Maryland's 33-year-old law against same-sex marriage, but state officials have already filed an appeal.
Judge M. Brooke Murdock ruled in favor of 19 homosexual men and women who claimed in a lawsuit that the same-sex marriage ban violates equal rights and due process provisions of Maryland's constitution.
"After much study and serious reflection," wrote Murdock in Friday's ruling, "this court holds that Maryland's statutory prohibition against same-sex marriage cannot withstand this constitutional challenge."
She said the law violates the Maryland Declaration of Rights because it discriminates against a "suspect class" based on gender. She said the law "is not narrowly tailored to serve any compelling governmental interests."
Maryland Attorney General J. Joseph Curran filed an appeal. Gov. Robert Ehrlich said on WBAL Radio the state will do what it can to preserve the prohibition on same-sex marriage.
"We are going to protect traditional marriage in the state of Maryland," said Ehrlich, "which means we'll do what we need to do."
He said no decision had been made yet on whether to seek to amend the state's constitution to ban same-sex marriage.
