DUCKWORTH v. DEANE

No. 101, September Term, 2004.

903 A.2d 883 (2006)

393 Md. 524

Robert P. DUCKWORTH, et al. v. Gitanjali DEANE, et al.

Court of Appeals of Maryland.

July 28, 2006.


Attorney(s) appearing for the Case

Steven L. Tiedemann (Coover, Barr & Tidemann, LLC, Columbia; David R. Langdon of Langdon & Shafer, LLC, Cincinnati, OH; Benjamin W. Bull, Glen E. Lavy and Dale Schowengerdt, Alliance Defense Fund, Scottsdale, AZ), all on brief, for appellants.

Matt M. Paavola (Law Office of Matt M. Paavola & Associates, Baltimore; William F. Mulroney of Ashcraft & Gerel, LLP, Baltimore), all on brief, for appellants.

Andrew H. Baida (Caroline D. Ciraolo of Rosenberg, Martin, Funk, Greenberg, LLP, Baltimore; Kenneth Y. Choe and James D. Esseks, American Civil Liberties Union Foundation, Lesbian and Gay Rights Project of New York, NY; Arthur B. Spitzer of American Civil Liberties Union Foundation of the National Capital Area, Washington, DC; David R. Rocah, American Civil Liberties Union Foundation of Maryland, Baltimore), all on brief, for appellees.

Steven M. Sullivan, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, and Margaret Ann Nolan, Assistant Attorney General of Baltimore, and Robert A. Zarnoch and Kathryn M. Rowe, Assistant Attorneys General, Annapolis), all on brief.

Argued before BELL, C.J., RAKER, CATHELL, HARRELL, BATTAGLIA, JOHN C. ELDRIDGE (Retired, Specially Assigned) and LAWRENCE F. RODOWSKY (Retired, Specially Assigned), JJ.


ELDRIDGE, J.

These appeals are from a judgment of the Circuit Court for Baltimore City in which the Circuit Court denied three motions to intervene in an action challenging the constitutionality of a Maryland statute. The statute, Maryland Code (1984, 2004 Repl.Vol.), § 2-201 of the Family Law Article, states: "Only a marriage between a man and a woman is valid in this State." The case at bar presents no issue as to the constitutionality of § 2-201. Instead...

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