Suit to Allow Gay Marriage in Md. Argued

At one point, she turned to Choe. "There are thousands of years of tradition in which marriage has been defined," she said. "The court has to fly in the face of that tradition to find in favor of your clients."

Choe responded that if the tradition is rooted in discrimination, it is the duty of the court to recognize that and change it. He noted that Maryland was the first state to prohibit interracial marriage, a ban that remained in place until 1967.

Marriage confers a variety of rights, including spousal immigration benefits, hospital visitation privileges and the right to inherit property. Administrative assistant Takia Foskey and her two children have been unable to enroll in the insurance plan of partner Jo Rabb, a Baltimore bus driver. Marriage would allow them to. And marriage would allow Maria Barquero and Donna Myers, now separated by immigration law, to reunite.

Some of the rights might seem mundane -- but "if you don't have them," Polyak said before the hearing, "they are not mundane."

The benefits of marriage are most vital when a family is at its most vulnerable, plaintiffs said, such as when a child is born or when someone is incapacitated or dies.

When plaintiff John Lestitian, chief officer of code compliance for the city of Hagerstown, lost his partner of 13 years to suicide, he also lost the house they shared. He had to pay state taxes on half the balance of their joint bank account and financial penalties upon the retirement fund to which his partner had named him beneficiary.

Murdock said she would issue a written opinion on the case. Whatever the outcome, the case is expected to be appealed to the state's highest court.

Outside the courtroom, Rick Bowers, a Columbia pastor and chairman of Defend Maryland Marriage, said the Bible prohibits same-sex marriage.

He said the question belongs with elected officials, not the courts.

"I'm interested in seeing who is making the laws in our state -- our elected officials or appointed judges," he said.

That is exactly why these questions end up in court, Polyak countered. "Who would you have us rely on when one person can undo what the entire legislature did?"

In the meantime, living in legal limbo continues to have its challenges for Polyak and Deane.

"One thing that keeps us grounded is our kids," Polyak said. "They keep us in the present: getting uniforms ready for school, making sure everyone has a bath, that dinner is ready . . . making sure our family is intact, that everyone is healthy."