Constitutional Law

MD Gay Marriage Ban Upheld

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In a divided opinion, Maryland’s highest court has upheld a 1973 law that bans gay marriage.

The 4-3 Court of Appeals decision (PDF) said the law does not discriminate on the basis of sex and does not violate the fundamental right to marriage, the Washington Post reports.

The statute furthers legitimate state interests in fostering procreation and preserving the traditional family structure, the majority concluded. But the court suggested that gay rights advocates could still seek to change the law.

“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,” the opinion said.

Two state lawmakers have already pledged to introduce legislation that would permit same-sex marriage, the Baltimore Sun reports.

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