President’s
Message by David F. Albright, Jr.
Our nation’s ambivalence about gay
and lesbian rights is shown by the re- cent sad episode involving the former Senator from Idaho. His 29-year career appears to have come to an abrupt end as a result of his arrest for soliciting in a men’s bathroom. He denied that the incident happened; he proclaimed he was not gay; he paraded his wife and adult daughter through a humiliating series of group photographs. There were two glaring reasons why he could not state the obvious fact that he was gay (or bisexual): first, his party has adopted an openly anti-gay and lesbian agenda; second, he has also strongly supported this anti-gay and lesbian agenda. His party and his constituents aban-
doned him not only for his hypocrisy, but for the fact that he was gay. In one of the major parties in our country, there is simply no tolerance for openly gay and
lesbian individuals. Similarly, in certain political constituencies, improper analy- sis of sacred scriptures has created an alleged moral basis for this intolerance and non-acceptance. Even in our own state, where progres-
sive thinking is welcomed, a movement is afoot to prohibit same sex marriage by Constitutional amendment. This movement will likely fail for many rea- sons, including the fact that it is morally wrong. However, the real reason for pro- posing this Constitutional amendment is to rally the base of one of the major par- ties, both in our state and nationally. What we can do, and should do, as
lawyers is not only oppose this move- ment at the ballot box, but to advocate and agitate on behalf of those who suffer discrimination due to sexual orientation. Unfortunately, our Court of Appeals has made this advocacy more difficult and
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Contact Judith LaVoie Phone: (410) 539-4336 Email:
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Contact MTLA
Phone: (410) 539-4336 Email:
mtla@mdtriallawyers.com 4 Trial Reporter
Contact Judith LaVoie Phone: (410) 539-4336 Email:
Judith@mdtriallawyers.com
Do you have an article that would interest more than 1,200 plaintiff lawyers? Contact us. Have you tried something different that helped you on your latest win? Share it. Is there a legal topic that you would like to see published in the Trial Reporter? Let us know.
Contact the MTLA office today or visit the MTLA Publications section of the Website (
www.mdtriallawyers.com) to read article guidelines and upcoming Trial Reporter publication dates.
Do you have an article that would inter- est more than 1,200 plaintiff lawyers? Contact us. Have you tried something different that helped you on your latest win? Share it. Is there a legal topic that you would like to see published in the Trial Reporter? Let us know.
Contact the MTLA office today or visit the MTLA Publications section of the Website (
www.mdtriallawyers.com) to read article guidelines and upcoming Trial Reporter publication dates.
complicated with its recent adverse ruling regarding marriage of same sex couples. The legislature will soon be con- fronted with this issue, creating much opportunity for political mischief. The inequality which same sex couples
experience is present in many situations. One of the most glaring examples of inequality is the application of our state’s wrongful death statute. The statute pro- vides no redress for unmarried partners, no matter how long the relationship. Without a dramatic legislative change, the wrongful death of a gay or lesbian partner will have no legal consequence in tort law. In the area of family law, the con-
sequences of this inequality are well-known. The rights of a non-bio- logical parent are limited to nonexistent. This inequality not only adversely affects the gay or lesbian couple, but adversely affects the child who considers the gay or lesbian couple as the child’s true par- ents. There are many other areas where the
law is unfair to gay and lesbian individu- als. Let us make sure that at least in our organization, we treat everyone with the dignity and respect they deserve and search for opportunities to support meaningful change. n
About the Author
David F. Albright, Jr. (Bennett & Al- bright, PA) is a graduate of Georgetown University Law Center. He is a member of the American Association for Justice, the Maryland State Bar Association and the Bar Association of Baltimore City. He concentrates in auto tort, gen- eral negligence, lead paint poisoning, medical malpractice, medical products liability, premises liability and products liability law.
Winter 2008
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