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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.
