BURNING TREE CLUB v. BAINUM

No. 119, September Term, 1984.

305 Md. 53 (1985)

501 A.2d 817

BURNING TREE CLUB, INC. v. STEWART BAINUM, JR. AND BARBARA BAINUM RENSCHLER.

Court of Appeals of Maryland.

December 23, 1985.


Attorney(s) appearing for the Case

Benjamin R. Civiletti (J. Phillip Jordan, Leslie A. Vial, James A. Dunbar and Venable, Baetjer & Howard, Baltimore, and David MacDonald, of counsel, Rockville, on brief), for appellant.

Eileen M. Stein, Chevy Chase (Christine L. Owens, Washington, D.C., and Donna Lenhoff and Terisa Chaw, of counsel, Washington, D.C., on brief), for appellees.

Thomas P. Ondeck and George D. Webster and Webster, Chamberlain & Bean, of counsel, Washington, D.C., on brief, for amicus curiae brief of The Nat. Club Ass'n.

Jeffrey F. Liss, Daniel H. Maccoby, Bruce R. Stewart and Wald, Harkrader & Ross and Edward L. Genn, Brown, Genn, Brown & Karp, of counsel and Elizabeth Symonds, of counsel, Washington, D.C., on brief, for amicus curiae brief of The American Civil Liberties Union Fund.

Stephen H. Sachs, Atty. Gen., Baltimore, Diana G. Motz, Linda H. Lamone, Kaye Brooks Bushel, Robert A. Zarnoch, Asst. Attys. Gen., Annapolis, on brief, for amicus curiae brief of State of Maryland and State Dept. of Assessments and Taxation.

Sally B. Gold and Hylton & Gonzales, Baltimore, Marshal Levick and Lynn Hecht Shafran, New York City, and S. Carey Nicholas, Philadelphia, Pa., and Judith I. Avner, of counsel, New York City, all on brief, for amicus curiae brief of The E.R.A. Impact Project.

Risselle Rosenthal Fleisher, Gen. Counsel, Sally L. Swann, Asst. Gen. Counsel, on brief, Baltimore, for amicus curiae brief of State of Maryland Com'n on Human Relations.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired) and THEODORE G. BLOOM, Associate Judge of the Court of Special Appeals, Specially Assigned.


MURPHY, C.J., announcing the judgment of the Court, in which SMITH and ORTH, JJ., join.

Article 46 of the Maryland Declaration of Rights, commonly known as the Equal Rights Amendment (E.R.A.), was adopted by the people of Maryland in November of 1972; it provides:

"Equality of rights under the law shall not be abridged or denied because of sex."

The principal question in this case is whether Maryland Code (1957, 1980 Repl.Vol.), Article 81, §...

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