Maryland Attorney General Douglas F. Gansler releases a long-awaited opinion (pdf) that finds same-sex marriages performed in other states could be recognized in Maryland. The opinion was issued only days before same-sex marriage become legal in adjacent Washington DC.
The Baltimore Sun: "Sen. Richard S. Madaleno Jr., a Democrat, asked in May asked if such marriages could be recognized. 'The answer to that question is clearly 'yes,'' Gansler wrote in a 40-page document. The opinion does not enable same-sex couples to wed here. It also does not carry the weight of law, but is meant to guide judges and state agencies. 'What we say in this opinion is a prediction, not a prescription' as to how a court would interpret the law, Gansler wrote"
Gansler's opinion also says state's Court of Appeals is likely to recognize same-sex marriages when its rules on the issue.'
DC Agenda adds: "Gansler’s long-awaited opinion also notes that Gov. Martin O’Malley cannot force state agencies to recognize same-sex marriages legally performed elsewhere. 'An executive order of the governor must be consistent with existing Maryland law, as enacted by the General Assembly and construed by the courts," the opinion says. 'While the state Constitution and statutes accord the governor broad powers in certain areas — for example, in matters concerning executive branch employees—many questions concerning recognition of out-of-state marriages arise in the courts and cannot be addressed in an executive order.' "
Read the full opinion HERE (pdf).
Five states and Washington DC have permitted same-sex marriages. New York state recognizes valid same sex marriages performed in other jurisdictions.
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