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MARYLAND STATE LEGISLATOR FILES SUIT OVER SAME-SEX MARRIAGE

 

 

 

September 2, 2004

Posted 1:00 AM Eastern

NewsWithViews.com

Delegate Don Dwyer (search) who serves in the Maryland House of Delegates, joind with seven other members of the Maryland General Assembly on September 7, 2004 and filed a motion to intervene in the case of GITAN JALI DEANE, et al., Plaintiff, v. FRANK CONAWAY, et al., Defendants IN THE CIRCUIT COURT FOR BALTIMORE CITY (Case No. 24-C-04-005390). Delegate Dwyer and his colleagues efforts are an attempt to defend the authority specifically entrusted to Maryland’s legislative branch by the U.S. Constitution and the Constitution of the state of Maryland.

Delegate Dwyer states, “For far too long, the courts have been allowed to exceed the limits of their authority—with disastrous results,” Dwyer said. “As members elected to the legislative branch, we must defend Maryland’s law from all who would seek to undermine it, including our own court system. We would do well to remember Thomas Jefferson’s warning against judicial activism when he said, ‘To consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy…. The Constitution has erected no such tribunal,’” Dwyer continued. “Those words were as true in 1820 when Jefferson wrote them as they are today.”

The American Civil Liberties Union (ACLU) is representing nine same-sex couples who are attempting to have Maryland’s court rule that the state’s marriage law, which defines marriage as being between one man and one woman declared unconstitutional.

According to Delegate Dwyer, “This is yet another example of a special interest group Using the courts to circumvent our republican form of government and forwarding their agendas through judicial fiat. This is an attack on our state’s Constitution and an affront to the moral law abiding citizens of Maryland. This assault must not be ignored.”

As to why Delegate Dwyer felt he hould undertake this action, Dwyer stated: “As a requirement of my oath of office, it is my constitutional duty to defend Maryland’s law on this subject and to see that the separation of powers are defended as well.”

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The American Civil Liberties Union (ACLU) is representing nine same-sex couples who are attempting to have Maryland’s court rule that the state’s marriage law, which defines marriage as being between one man and one woman declared unconstitutional.