BALTIMORE, Md. (AP) – A Baltimore judge struck down a 33-year-old state law against same-sex marriage Jan. 20, declaring it violates the Maryland Constitution’s guarantee of equal rights.

Circuit Judge M. Brooke Murdock immediately stayed her order to allow the state to file an appeal with Maryland’s highest court, the Court of Appeals. The attorney’s general office did so later in the day.

Murdock ruled in favor of 19 gays and lesbians, rejecting a state argument that the traditional family is ideal for children.

“Although tradition and societal values are important, they cannot be given so much weight that they alone will justify a discriminatory” law, she wrote.

Massachusetts is the only state to allow same-sex marriage.

“This is such an exciting moment,” said Lisa Polyak, a plaintiff with partner Gita Deane. “Our participation in this lawsuit has always been about family protections for our children. Tonight, we will rest a little easier knowing that those protections are within reach.”

Gov. Robert Ehrlich’s lawyers were reviewing the ruling, his spokesperson Henry Fawell said. The Republican governor has said he believes marriage should be between one man and one woman.

The ruling came in a lawsuit filed in 2004 by the American Civil Liberties Union. It named court clerks in Baltimore city and Prince George’s, St. Mary’s, Dorchester and Washington counties as defendants and challenged a 1973 state law specifying that marriage is a union of one man and one woman.

Along with the argument for preserving the traditional family unit, lawyers for the state had said the issue was a question for the Legislature rather than the courts.

The judge said she was “unable to find that preventing same-sex marriage rationally relates to Maryland’s interest in promoting the best interests of children.”

Senate President Thomas V. Mike Miller, a Democrat, said he believes the ruling will be overturned.

“In my opinion, the plaintiffs forum-shopped,” Miller said. “I don’t think the same opinion would have been rendered in 90 percent of the other circuits in the state of Maryland.”