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Sure, Maryland Can Recognize Other States’ Gay Marriages If It Wants To

maryland

As we learn an attempt to ban gay marriage in West Virginia failed, some more good news from Maryland: Attorney General Doug Gansler released his long-awaited opinion on whether the state will recognize gay marriages from other jurisdictions. In a word, yes.

Any marriage that is “valid in the jurisdiction in which it was contracted” may be recognized by Maryland, he says.

But could doesn’t mean will: “Such marriages may be recognized in several ways. First, legislation enacted by the General Assembly could provide for recognition of out-of-state same-sex marriages generally, or for particular purposes. Second, in the absence of legislation, the Court of Appeals, applying common law choice-of-law principles, could decide that such marriages will be recognized in Maryland, either generally or in particular circumstances. Finally, a state agency may also address the recognition of out-of-state marriages on particular matters within that agency’s jurisdiction, so long as the agency’s action is consistent with any relevant statutes and court decisions, including federal laws that may govern the agency’s activities.”

Not that Gov. Martin O’Malley can just issue an executive order forcing state agencies to recognize out-of-state marriages or anything.

[DC Agenda]

By:           editor editor
On:           Feb 24, 2010
Tagged: , ,

  • 7 Comments
    • Daniel
      Daniel

      Us natives are loving this ruling. We’ll be having a rally march today in Baltimore to celebrate!

      Feb 24, 2010 at 2:02 pm · @ReplyReply to this comment ·
    • Sam
      Sam

      “Not that Gov. Martin O’Malley can just issue an executive order forcing state agencies to recognize out-of-state marriages or anything.”

      Actually, he can’t. That’s in the opinion as well. Unlike in New York, where Governor Patterson issued an executive order to state agencies telling them to respect a court ruling that out-of-state marriages should be valid in New York, no court has ruled on out-of-state marriages in Maryland. So until a court DOES rule, Governor O’Malley can’t issue an executive order telling agencies to respect it. And issuing an executive order absent a court ruling would violate separation of powers: only the legislature can legislate, not the executive.

      Feb 24, 2010 at 3:26 pm · @ReplyReply to this comment ·
    • Eric
      Eric

      I don’t like how this article or headline is written…seems sloppy and snarky. Bottom line: a VERY positive step for LGBT Marylanders.

      Feb 24, 2010 at 10:53 pm · @ReplyReply to this comment ·
    • Cam
      Cam

      Since DC right across the boarder has legal marriage, and DC doesn’t have a law against out of staters coming here to get married, if MD. moves forward with this, it will nearly be as if they completely legalized marriage.

      Feb 25, 2010 at 10:45 am · @ReplyReply to this comment ·
    • Steve
      Steve

      Here’s a prediction: Very soon, the R’s in Maryland will introduce a new bill to outlaw gay marriage.

      It’s almost a knee-jerk reaction, and very predictable.

      Feb 25, 2010 at 9:12 pm · @ReplyReply to this comment ·
    • dontblamemeivotedforhillary
      dontblamemeivotedforhillary

      In a major historic move, the district of Washington DC has approved gay marriage licenses to be issued on March 9, 2010 and where is Queerty when Towleroad and the NY Times are all over it? At G Lounge scoring Tina?

      http://www.towleroad.com/2010/02/gays-will-be-able-to-marry-in-dc-starting-march-9.html

      Feb 26, 2010 at 12:05 pm · @ReplyReply to this comment ·
    • Fran
      Fran

      I do not like the way the “recommendation” is written. This was an easy out. It should be a yes or no answer to the yes or no question. Does Maryland recognize same sex marriages performed in states where it is legal or not? YES or NO ?

      Dec 29, 2011 at 2:22 pm · @ReplyReply to this comment ·

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