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Maryland's Highest Court Upholds State Law Favoring Traditional Marriage

ANNAPOLIS, September 18, 2007 (LifeSiteNews.com) - Today, the Maryland Court of Appeals, in a 4-3 decision, upheld the state's marriage law, which says "only a marriage between a man and a woman is valid in this state." In January 2006 the circuit court for Baltimore City struck down the marriage law (Family Law Article 2-201) as discriminatory on the basis of sex, in violation of the Maryland Declaration of Rights, in the case of Conaway v. Deane.

Maryland's highest court reversed the circuit court, ruling today that the marriage law did not violate the state Equal Rights Amendment, did not discriminate on the basis of sex and that the state has an interest in fostering procreation and the traditional family. The court's opinion stated: "In light of the fundamental nature of procreation, and the importance placed on it by the Supreme Court, safeguarding an environment most conducive to the stable propagation and continuance of the human race is a legitimate government interest."

When the case was appealed, Liberty Counsel filed an amicus brief on behalf of the Association of Maryland Families, urging the state's highest court to uphold the marriage law. Liberty Counsel's brief argued that the marriage law does not discriminate on the basis of sex.

The Supreme Court established decades ago that marriage is a fundamental right, but it is not a standard-less right to marry whomsoever one chooses. It is only the right for one man and one woman to create a legal union without undue interference from the government. Preserving marriage as the union of one man and one woman furthers the state's interest in maintaining an institution that forms the very foundation of society.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "Marriage between one man and one woman is rooted in American history and forms the foundation for stable families and prosperous communities. The Maryland court has sided with common sense and objective reality."

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