Conaway v. Deane

I respectfully dissent. In this case, the majority erroneously relies on the opinion of Chief Judge Robert C. Murphy in Burning Tree Club, Inc. v. Bainum, 305 Md. 53, 501 A.2d 817 *357(1985) (Burning Tree I),1 as authority to hold that Section 2-201 of the Family Law Article, Maryland Code (1984, 2006 Repl.Vol.) (“Only a marriage between a man and a woman is valid in this State.”), does not implicate Article 46 of the Maryland Declaration of Rights.2 Despite the fact that Chief Judge Murphy’s opinion did not reflect the view of a majority of this Court as he so recognized, Burning Tree I, 305 Md.…