TYMA v. MONTGOMERY COUNTY

No. 20, Sept. Term, 2001.

801 A.2d 148 (2002)

369 Md. 497

Steve TYMA, et al., v. MONTGOMERY COUNTY, Maryland.

Court of Appeals of Maryland.

June 14, 2002.


Attorney(s) appearing for the Case

Robert W. Ash (Vincent P. McCarthy of the American Center for Law and Justice Northeast, Inc., New Milford, CT; Robert R. McGill, Walkersville), all on brief, for petitioners.

Edward B. Lattner, Associate County Atty. (Charles W. Thompson, Jr., County Atty., and Marc P. Hansen, Chief, on brief), Rockville, for respondent.

Benjamin S. Boyd, Piper, Marbury, Rudnick & Wolfe, LLP, Washington, DC, Jennifer Rohr, Michael C. Hanlon, Piper, Marbury, Rudnick & Wolfe, LLP, Baltimore, brief of the American Civil Liberties Union of the National Capital Area, the American Civil Liberties Union of Maryland, the City of Takoma Park, the Mayor and City Council of Baltimore, Free State Justice, the Gay, Lesbian, Bisexual and Transgendered Community Center of Baltimore and Central Maryland, Inc., Lambda Legal Defense & Education Fund and the Public Justice Center, Inc., as amici curiae in support of appellee.

Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, Washington, DC, Deborah A. Jeon, American Civil Liberties Union of Maryland, Baltimore, of counsel.

J. Joseph Curran, Jr., Atty. Gen. of Maryland, Kathryn M. Rowe, Asst. Atty. Gen., Annapolis, brief of State of Maryland, amicus curiae.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and BATTAGLIA, JJ.


BELL, Chief Justice.

The question this case presents is whether Montgomery County, Maryland, ("the appellee" or "the County"), exceeded its authority under, or otherwise contravened, State and federal law by enacting an ordinance that extends employment benefits to the domestic partners of county employees. The trial court, the Circuit Court for Montgomery County, concluded that the Montgomery County Council had authority under the Maryland Constitution and laws to...

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