Maryland Attorney General Douglas Gansler said Feb. 24 that the state recognizes the marriages of gay couples who got married in states and countries where it is legal.
Gansler, Gov. Martin O’Malley and gay advocates said they expect state agencies to comply with the determination, which O’Malley suggested has the force of law.
Historically, Maryland has recognized marriages legally entered into elsewhere even if they would not have been possible in Maryland.
“It’s not that foreign of a concept,” Gansler told reporters. “I mean, it’s just people. … However a heterosexual couple is treated that was validly married in Maryland or elsewhere, (a gay couple) will be treated like that here in Maryland.”
Some Republican and black legislators and three Roman Catholic bishops blasted Gansler’s move, and House of Delegates member Donald H. Dwyer Jr. threatened to try to impeach Gansler for allegedly undermining a state law that defines marriage as between a man and a woman.
Gay groups praised Gansler’s action.
“This opinion should bring some peace of mind to married same-sex couples and their families in Maryland as this state aligns itself with New York in making clear that there is no gay exception to long-standing marriage-recognition law,” said Lambda Legal’s director of constitutional litigation, Susan Sommer. “Under well-settled law, a marriage valid where entered is valid in Maryland, even if the couple could not have married in Maryland.”
State Sen. Richard Madaleno, D-Montgomery Co., had requested a formal opinion from Gansler 10 months ago.
“The attorney general’s opinion simply states that Maryland law recognizes marriages of couples who married out of state, pursuant to Maryland comity law,” Madaleno said Feb. 24. “We expect and look forward to state agencies acting in accord with the opinion and the law, and reviewing their practices and regulations to see what changes may be necessary to comply.”
Starting March 9, gay couples will be able to marry in nearby Washington, D.C. Same-sex marriage also is legal in Connecticut, Iowa, Massachusetts, New Hampshire and Vermont; in Belgium, Canada, the Netherlands, Norway, South Africa, Spain and Sweden; and in Argentina’s Tierra del Fuego province. Same-sex marriage will become legal this month or next in Mexico City, Portugal and, probably, Buenos Aires.
By Rex Wockner
