Md. Attorney General overrules past opinions supporting racially discriminatory laws

MARYLAND – Come next year, Maryland will have a brand new Attorney General. Before incumbent Brian Frosh leaves office, he wants to make it clear that Maryland does not stand for racism.

“A sordid history”

Frosh calls Maryland’s history of segregation and discrimination “sordid”. He says much of it comes from Attorney Generals’ opinions stretching back through history.

“It was shocking to see how blind the best attorneys in the state were to the impact of segregation, to the impact of discrimination. Even as late as 1966, the Attorney General was issuing opinions that upheld the laws that prohibited interracial marriage.”

Overruling Opinions

Frosh’s office is overruling 22 of his predecessors’ opinions dating back to 1916. They include support for laws that allow racial segregation, and deny the right for interracial couples to marry.

“We had a number of people in our office go back and look at other Attorney Generals’ opinions that were written between 1916 and today. We found many that upheld these discriminatory laws,” said Frosh. “The Office of the Attorney General repeatedly issued opinions saying those laws were fine. They never even really considered, as far as we can tell, the possibility that they were unconstitutional.”

Sending A Message

Frosh says this is largely a symbolic move. However, he hopes it will send a strong message to all Marylanders: those values are not the same ones held today in the fight for racial equity and equality.

“We’re trying to do everything we possibly can to make an end to discrimination, make an end to hate. This seemed like a simple step that we could take to help in that continuing endeavor,” said Frosh. “To me, that’s shocking and appalling. But, it’s part of our history. We wanted to make sure that there was no mistake on anybody’s part that this is gone, as a matter of law, and as a matter of policy.”

As Frosh finishes up his work in office, he tells 47 ABC he’s excited to see Attorney General-elect Anthony Brown take over next year. “He is highly competent, he’s a good lawyer, he’s got a good heart, and I’m confident that he will do terrific things for the office, and for the state,” said Frosh.