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Feb 25, 2010
Maryland Recognizes Same-Sex Marriage
The 'Free State' will begin recognizing same-sex marriages performed elsewhere

Amazing marriage equality news to pass along today … the Attorney General of the great State of Maryland, Douglas F. Gansler (a Democrat), has determined that Maryland will immediately begin recognizing same-sex marriages performed in other States where it is legal (Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia). As you may recall, Washington DC just legalized same-sex marriage back in December and will begin marrying same-sex couples in March … since DC and Maryland are close neighbors, it would seem that the Maryland Attorney General is merely taking action to prepare his State for the influx of new same-sex married couples:

Maryland Attorney General Douglas F. Gansler (D) declared Wednesday that Maryland will recognize same-sex marriages performed elsewhere and that its agencies should immediately begin affording gay married couples the same rights as heterosexual ones. With Gansler’s decision, Maryland in effect joins the District and a handful of states including New York that recognize same-sex marriages performed in four New England states and Iowa. The District also has its own measure legalizing those unions that is expected to take effect next week. Gansler, a supporter of legalizing same-sex marriages, was asserting his authority as the top legal adviser to state agencies to answer a question that experts say had been left unclear by Maryland law. He was responding to a legislator’s request that he issue an opinion. The attorney general’s opinion unleashed a torrent of emotions from both gay rights advocates and those opposed to same-sex marriage, adding a potentially explosive issue to election-year politics in Maryland. It is likely to be quickly challenged in court, Gansler acknowledged. Gay and lesbian groups said the decision put the state on track toward legalizing same-sex marriage and would embolden them to push more strongly for pending legislation to do so. Similar measures have died in the legislature in years past. The exact practical implications of Gansler’s decision were unclear. David Rocah, a staff lawyer with the American Civil Liberties Union of Maryland, said he thought that the opinion could have “hundreds, if not thousands,” of implications for same-sex couples married elsewhere. Rocah said the opinion could ensure same-sex spouses’ rights to health benefits, inheritances, child support and even divorce. Gansler said state laws have more than 1,000 references to spouses or marriage. Gov. Martin O’Malley (D), who has consistently voiced support for civil unions but stopped short of endorsing same-sex marriage, said his administration would be “guided” by Gansler’s legal opinion. Under O’Malley, Maryland has significantly expanded benefits to couples who register as domestic partners, but under Gansler’s opinion, same-sex couples married elsewhere would no longer have to go through that step to get many of the same protections. “I am confident that the Attorney General and his office will provide all necessary advice to state agencies on how to comply with the law,” O’Malley said in a statement. “I expect all state agencies to work with the Attorney General’s office to ensure compliance with the law.” Gansler’s opinion answered a question about recognizing same-sex marriage that was posed last spring by Sen. Richard S. Madaleno Jr., an openly gay Montgomery County Democrat. In a roughly 50-page opinion that took nine months to compose, Gansler says the starting principle in state law is that a marriage that is valid in the place of celebration remains valid in Maryland. And even though the state narrowly defines marriages performed within its borders as between a man and a woman, Gansler says, such restrictions don’t amount to a strong public policy argument that would override recognizing unions from elsewhere.

While this does NOT mean that same-sex couples can marry in Maryland, it does mean that couples who have been married in the 6 States and the District of Columbia, where same-sex marriage is legal, will be afforded the same rights and privileges in Maryland as would any heterosexual married couple. This is fantastic news. We live in a country, with United States, where the laws of the States are recognized as legal and binding in other States in the Union … this makes perfect legal sense. The tide towards marriage equality for all in the country continues to pick up steam. Little by little, bit by bit … we shall overcome and we will get there some day. Wee!!

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15 Comments. Add Yours

  1. Jen says:

    Wonderful news! Trent, doesn’t Massachusetts allow same-sex marriage as well?

  2. Sweet_Lady says:

    This is a step in the right direction for Maryland.

    I am a marylander and wish nothing but marriage equality for everyone!

  3. jennie says:

    Yeah this is so exciting! One day there will be equality for all people to marry! Meanwhile as a heterosexual female , wife and mother i support this cause like no other .. everyone has a right to protection under the law, and people have freedom of religion in this country, i am so sick of people bringing the religious aspect into this because if you believe god created all people that also includes gay people too!

  4. Dayna says:

    that’s good that they are moving forward

    I love the country we live in, but American has this mentality that All men are created equal…except you…and you…and you.
    :-(

  5. Michael says:

    Let’s not forget the thousands of fortunate same-sex couples who were, and still are, legally wed in the state of California. We will also be recognized by the states that are moving forward in positive steps.

  6. Rachel Hockenbarger says:

    Are you sure the DC marriages begin March 9th?

  7. mimi says:

    trent – or anyone else – can you please explain how the idea of same-sex marriage relates to federal constitutional level? or is it purely on a state by state basis?

  8. mimi says:

    ah ok, thanks trent! :-)

  9. Susie says:

    YAY MD!
    MAkes me proud to live here.
    Now, if they’d just legalize the WHOLE thing!

  10. Ajhy says:

    oh hell yeah MD i love my state! <3 <3

  11. Amy says:

    @mimi Also right now there is a federal law called the Defense of Marriage Act that ALLOWS one State to NOT recognize the same sex marriage of another State if they don’t want to. So while it seems logical that Maryland passed this law to state they WILL recognize same sex marriages from other states, it actually is a pretty big step because under DOMA, the States have the right to say they aren’t going to recognize it.

    This is a great step forward for sure!! Next step, striking DOMA down as violating the full faith and credit clause and striking Prop 8 down for Equal Protection Clause violations! (is it obvious I’m a law student? haha)

  12. Christine says:

    I’m a very proud Marylander today =) WOOT WOOT

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