On Monday, the Maryland Supreme Court filed its opinion in John Doe v. Catholic Relief Services.
The state's highest court was asked by the US District Court for the District of Maryland to answer three certified questions as they pertain to the case in the federal court.
The questions pertained to the Maryland Fair Employment Practices Act (MFEPA) and the religious exemption to it, and the Maryland Equal Pay for Equal Work Act (MEPEWA).
For the MFEPA and the MEPEWA, the Court had to decide whether the laws' prohibition of discrimination on the basis of sex includes sexual orientation.
In both instances, the Md. Supreme Court ruled that 'sex' as a protected category does not include 'sexual orientation,' in part because MFEPA separately protects from discrimination on the basis sexual orientation. In the majority opinion, justices says this showed that the Md. General Assembly intended sexual orientation to be a separate, protected class from sex.
On the religious exemption question and how narrowly or broadly it can be defined, the Court writes, "The Supreme Court of Maryland held that the MFEPA's religious entity exemption.. bars claims for religious, sexual orientation, and gender identity discrimination against religious organizations by employees who perform duties that directly further the core mission(s) of the religious entity."
Justices Shirley Watts, Michele Hotten and Angela Eaves, dissented resulting in the 4-3 opinion.
Maryland's Attorney General Anthony Brown released a statement Tuesday morning calling on state legislators to "rectify this setback during the next legislative session."
“As Maryland’s Attorney General, I promised to work every day to ensure that hate, discrimination, and bias will have no sanctuary in this State. To that end, my Office filed an amicus brief in this case in support of safeguarding employees’ freedom from job discrimination because of sexual orientation or identity.
The Maryland Supreme Court’s decision declining to follow the U.S. Supreme Court's protection of people on the basis of sexual orientation and identity in employment is a disheartening setback. But it won't stop us..."
-Attorney General Anthony Brown
In the majority opinion, Justice Biran quotes a 2004 case, saying the Court cannot "rewrite the law for them, no matter how just or fair we may think such a new law or public policy would be. The formidable doctrine of separation of powers demands that the courts remain in the sphere that belongs uniquely to the judiciary - that of interpreting, but not creating, the statutory law."
