Maryland Attorney General to issue out of state same-sex marriage recognition opinion
In a move that could open a path to Marriage Equality for same-sex couples in Maryland, Attorney General, Douglas F. Gansler, has responded to a request by State Senator Richard S. Madaleno to determine whether same-sex marriages performed in other states can be recognized in that state.
Several states presently issue marriage licenses to same-sex couples, including Massachusetts, Vermont, Iowa, Maine and Connecticut, and legislatures in New York, New Jersey and New Hampshire are considering gay-marriage bills. Canada has also allowed same-sex unions for several years now.
While Maryland has recently extended a number of rights and benefits to gay and lesbian couples, current Maryland law defines marriage as between a man and a woman. However, proponents of this move say Maryland has also adhered to a long-standing legal principal that generally acknowledges couples married elsewhere. Neighboring Washington DC did the same through legislation passed by the City Council and signed by DC Mayor Adrian Fenty earlier this month.
Last year New York Gov. David A. Paterson also signed an executive order directing state agencies to recognize same-sex weddings performed in other jurisdictions.
So far all Marriage Equality proposals in Maryland have remained tied up in legislative committee and any move to recognize same-sex marriages in the state could be seen as an end-run around the state legislature and would more then likely draw legal challenges.
AG Gansler, a Democrat has been a exceptionally vocal proponent of same-sex marriage, while Maryland Democratic governor, Martin O’Malley has said he would prefer that the state adopt civil unions.
The Maryland attorney general’s office has periodically weighed in on the question of marriage equality from other states previous to this request. Former assistant attorney general Robert A. Zarnoch, earlier ruled that Maryland law would prohibit the recognition of same-sex unions validly entered in another state, but also found that Maryland law in this area is far from clear. For example, he noted in his opinion that the state honors common-law marriages from other states even though such unions can’t be legally entered into in Maryland.
Gansler’s office is expected to issue the opinion in the next few weeks, meanwhile a spokeswoman for Attorney Generals Office declined comment to LGR yesterday while the issue is being researched.
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I think that recognizing marriages of gay people done in other states would be a terrific move forward.
It would end the third class citizenship of gay people. Enforced by religion which, while they should properly have control of whom they marry in their churches and be protected against nuisance lawsuits, should on the other hand have no say in CIVIL marriage.
And with marriage failing, eg 50% of str8 marriages divorcing, and so many str8 people living together without marriage, the gay people would set an example for all of us by embracing this institution.
And the ad hoc info I can find shows that the gay marriage -civil union divorce rate is a fraction of the hetero marriage divorce rate. Being married 41 years, our only marriage for both of us, we actually are a minority.
Of course, the churches are terrified that gays will support the institution of marriage, and make a mockery of the churches opposition. And even more so, by supporting this institution, it will expose the conservative church;s treating gay people as pariahs and untouchables as a grand lie.
And the whole rotten edifice of hatred of gay people, the denial of their humanity. will come to an end.
And as good ordinary people realize that gays also are “made In the Image of God”, they will leave the conservative churches for more progressive churches that are true to the meaning of Jesus life on earth.