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Rita Rich

Outgoing MD Attorney General Overturns Unconstituional and Discriminatory Laws

Maryland’s attorney general Brian Frosh overruled opinions that upheld or applied unconstitutional and racially discriminatory laws.

In an address to General Assembly leaders,  media reports say Mr. Frosh formally overruled the opinions, saying that while changes in the law may have made them unenforceable, “we recognize that the opinions continue to serve as a reminder of the history of racial injustice perpetuated through the legal institutions of our State government.”

Many relied on the restriction of interracial marriage and the doctrine of “separate but equal” in public facilities, the attorney general’s office said in a news release. Some reviewed opinions advised that racially discriminatory laws should continue to be enforced and others applied discriminatory laws without addressing the issue of their constitutionality, the office said.

“We hope that our opinion today will help remove the stain of those earlier, harmful and erroneous works,” Frosh said in a statement.

The review of opinions, which go back to  1916, was inspired by  Virginia Attorney General Mark Herring, who reviewed more than 50 legal opinions before leaving office earlier this year media accounts report

Frosh, a Democrat, did not seek reelection this year and will be succeeded in January by fellow Democrat Rep. Anthony Brown, who will be Maryland’s first Black attorney general.

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