Follow-up on Litigation Led by ADF Counsel and Regent Grad

Following the litigation led by ADF counsel and Regent Grad Amy Smith on behalf of Maryland voters, it appears that residents may still have the opportunity to voice their concerns on election day.  (see previous post on 9.7.08 - Regent Law Graduate Represents Maryland’s Families)

Fight to let Montgomery County citizens vote on ‘gender identity’ bill continues

ADF attorneys file new suit to keep Montgomery County Election Board from disenfranchising 900,000 voters before Nov. 4 election

BALTIMORE — Alliance Defense Fund attorneys and allied attorneys filed a lawsuit Monday on behalf of Montgomery County voters against the Montgomery County Board of Elections for unconstitutionally denying voters the right to be heard on a new law giving special legal protections based on “gender identity.”

“A democratic government should not silence its people. The board has no legal authority shut out 900,000 Montgomery County voters who should have their say on this new law,” said ADF Litigation Counsel Amy Smith. “We hope the court will recognize the constitutional rights of Maryland voters and allow their valid signatures to count.”

The lawsuit comes on the heels of a decision by Maryland’s highest court in Doe v. Montgomery County Board of Elections to disenfranchise county voters. A group of homosexual behavior advocates had filed that suit to challenge petitions submitted by Maryland Citizens for a Responsible Government to put the “gender identity” bill on the Nov. 4 ballot. Even though the Montgomery County Board of Elections certified the petitions, and the number of signatures collected greatly exceeded the requirement, the high court reversed a lower court’s decision to let the petitions stand (www.telladf.org/news/story.aspx?cid=4623).

The new lawsuit argues that the board has no authority to remove the referendum from the Nov. 4 ballot. ADF attorneys are also asking the court for a temporary restraining order to prevent the “gender identity” law from going into effect since voters have been unconstitutionally denied the opportunity to vote on the measure.

ADF-allied attorneys John Garza, Matt Paavola, and Daniel Cox are assisting in the case. A copy of the complaint filed in Bloem v. Montgomery County Board of Elections is available at www.telladf.org/UserDocs/BloemComplaint.pdf.