KIRKLEY v. STATE OF MARYLAND

Civ. No. Y-74-748.

381 F.Supp. 327 (1974)

Charles F. KIRKLEY and Patricia Atherton v. STATE OF MARYLAND, Represented by Marvin MANDEL, Governor of Maryland, and Francis B. Burch, Attorney General for Maryland.

United States District Court, D. Maryland.

August 26, 1974.


Attorney(s) appearing for the Case

Barbara A. Gold, Kenneth L. Lasson, Baltimore, Md., for plaintiffs.

George A. Nilson, Baltimore, Md., for defendants.


MEMORANDUM OPINION AND ORDER

JOSEPH H. YOUNG, District Judge.

Article III, Section 11 of the Constitution of the State of Maryland provides that:

No Minister or Preacher of the Gospel, or of any religious creed, or denomination, and no person holding any civil office of profit, or trust, under this State, except Justices of the Peace, shall be eligible as Senator or Delegate.

In this action plaintiffs seek a declaratory judgment that Section...

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