Baltimore City Circuit Court Judge Brooke Murdock stated in her ruling, “When tradition is the guide under which prejudice or animosity hides, it is not a legitimate state interest.” Murdock put the ruling in context when she said, “The court is not unaware of the dramatic impact of its ruling, but it must not shy away from deciding significant legal issues when fairly presented to it for judicial determination.”
The state of Maryland has appealed the ruling. Gay marriages are not yet allowed in Maryland. Gay marriage will become legal in Maryland if the state’s high court of appeals upholds Judge Murdock’s decision. It will probably be a year before a final decision is made.
I had the opportunity to talk with Donna Myers, who with her partner Maria Barquero, a Costa Rican resident, are plaintiffs in the case. Here’s what she had to say.
Kathy: How did you get involved in Maryland's lawsuit for gay marriage?
Donna Myers: Human Rights Campaign sent out an Action Alert asking couples who had been harmed by not being able to marry, to fill out a survey. I filled it out and some time later, the ACLU called and asked Maria and I if we'd be interested in participating in a lawsuit for marriage equality in Maryland.
Kathy: How long have you and your partner been together?
Donna: We met playing roller hockey in 1999 and started dating in 2002. We've been engaged since May of 2003. We inscribed the engagement date on our rings to remind ourselves, and our future children, of the struggle same-sex couples faced way back in the 2000's. I want our children to think about how long we had to wait before society said it was okay for us to get married, to make sure they don't take this country's social advances for granted.
Kathy: What was your reason for getting involved in the lawsuit?
Donna: Throughout my life, I had always found that there was nothing I couldn't deal with as long as I worked hard. After living in this country for 13 years, Maria had to leave in 2003 when her work visa expired. She had to stay out for at least a year before re-applying. I knew dealing with immigration would be difficult, but I figured we'd find a way to get Maria back into the U.S. if we just studied the law and took the necessary steps. After all, we had a year, and naturalized citizens seemed to be all over the place, so it couldn't really be that hard, right? Well, turns out it is hard, at least for the options open to us. She's been gone for three years now.
Work Visas for Gays and Lesbians
It's extremely difficult to secure a work visa, and the U.S. knows it. That's why it doesn't make heterosexual couples rely on a work visa to bring their partners to this country. Instead, it has something called the family visa, it lets the U.S. citizen sponsor his or her partner for U.S. citizenship.
It hit home with me that we were up against a tremendous obstacle. There was no one to appeal to! The lack of equal opportunity we encounter as gay people, is legal. While this particular lawsuit doesn't address our most immediate hurdle (immigration), it brings light to the issue. It lets the average Jane know that denying the protections of marriage to same-sex couples and their children is not compassionate conservatism. This lawsuit is a step toward changing the legal inequities the LGBT community is facing. How could I not want to be a part of that?
Kathy: What do you think will happen next in Maryland?
Donna:I really don't know. Maryland's high court will have the final say regarding whether or not the state can deny same-sex couples and their children the protections of marriage. My hope is that gay people in Maryland will make it apparent to their family and their friends that the inability to marry isn't some amorphous harm, but rather, is damaging to the person they love.
I encourage gay Marylanders, and all gay people, to live, to the extent possible, as though our relationships are already considered equal. Talk about your partner in casual conversation. Put her picture up at your desk. Hold hands when you want to. And send greeting cards signed by both of you. If we don't limit ourselves, it will be increasingly difficult for society to do so. I think full acceptance of ourselves would lead to greater acceptance by society.
Kathy: Anything else you want to add?
Donna: Sure. I'll make a blatant plea here. If any of your readers are in a position to hire someone, and provide a work visa, I'd appreciate it if they'd contact me at coloncancer.guide@about.com. My partner is bilingual (English/Spanish), a great writer and has a Masters in International Trade.
