By Stephanie Samuel

Sentinel Staff Writer

Despite the Maryland Court of Appeals ruling Sept. 18 that upheld a state law banning same-sex marriage, Prince George's County Democrats have vowed to have the last word in the matter. State Sen. Gwendolyn Britt (D-Dist. 47) and Del. Victor Ramirez (D-Dist. 47) have both announced they would sponsor legislation in 2008 to allow same-sex couples to wed.

Ramirez is championing gay marriage as a civil rights issue and says his cultural heritage allows him to identify with the desire for equal rights under the law.

"Latinos and everyone fighting for equality, justice and freedom understands the importance of having the same opportunities and importance of being treated with fairness and compassion," Ramirez said.

"The government must not discriminate against families. It is a fundamental injustice to deny the civil right and privileges associated with a committed relationship."

The 4-3 decision by the state's highest court dismissed a 2006 lower court ruling stating that restrictions on same-sex marriage violate fundamental rights set by the Maryland constitution. Nine same-sex couples and one homosexual man, with the help of the American Civil Liberties Union and gay rights organization Equality Maryland, filed a lawsuit challenging Maryland law banning same-sex unions in July 2006. Baltimore City Circuit Court Judge Brooke Murdock decided in favor of the plaintiffs on January 2006. However, Appeals Court Judge Glenn Harrell, who wrote the decision for the state's highest court, wrote in his opinion that the state's Equal Rights Amendment meant to protect against discrimination based on class, not sexual orientation.

Both the ACLU and Equality Maryland denounced the court's decision and Dan Furmansky, the executive director of Equality Maryland expressed grief over the decision on his Web site.

"To me, it feels like the Pocomoke River, Leakin Park, Sugarloaf Mountain and Sligo Creek Park are less beautiful than they were last week, because they are in a state where we [the lesbian, gay, bisexual and transgender community] and our children are not valued as equals, deserving of the same right to pursue happiness as all others," Furmansky wrote the week of the decision.

However, Harrell also wrote that court's decision would not bar the General Assembly from passing a law allowing homosexual couples to marry.

"Our opinion should by no means be read to imply that the General Assembly may not grant and recognize for homosexual persons civil unions or the right to marry a person of the same sex," Harrell wrote.

That is exactly what Ramirez plans to do. He will be introducing legislation in 2008 in the House of Delegates, where there are three openly gay delegates. Del Ben Barnes (D-Dist. 21), a longstanding proponent of gay rights, will also be cosponsoring the bill. Like Ramirez, he says gay rights is a matter of civil rights

"If it was 1960, would you be on the sideline or would you be with the freedom riders? I hope I would be with the freedom riders," Barnes said.

Barnes said his goal is to "raise awareness" and pass the bill through the House of Delegates.

Both Ramirez and Barnes are hopeful that Britt will rally support for the gay marriage legislation.

"The Senate has a great champion in Gwen Britt," Barnes said. Barnes compares her to civil rights activists like Rep. John Lewis (D-GA) in her fervor for gay rights.

"I know that is going to be persuasive in the Senate," Barnes said.

Despite Britt's support, passage is less likely in the state Senate. Senate President Thomas V. Mike Miller (D-Dist. 27) has already announced his opposition to any legislation legalizing either same-sex marriage or civil marriage. He also said the gay rights advocates may not have enough supporters in the General Assembly to pass such legislation.

However Furmansky is not daunted. He is already pushing forward with a proposed bill he calls the Religious Freedom and Civil Marriage Protection Act. The bill will seek gay marriage, not civil unions, and will seek all of the protections of marriage for same-sex couples.

Contact Stephanie Samuel at

ssamuel@thesentinel.com