Equality Maryland

Until voters, lawmakers or courts say otherwise, Maryland will recognize same-sex marriages performed in other states, Maryland Attorney General Douglas Gansler stated in a Feb. 23 opinion. Gansler (pictured) was asked last year by state Sen. Richard S. Madaleno Jr. whether the state would recognize gay marriages performed in other jurisdictions.

Gansler's 53-page opinion noted that same-sex marriages are valid in "four New England states and Iowa," and that the District of Columbia "has enacted a bill subject to congressional review, that would authorize same-sex marriage in that jurisdiction beginning in the spring of 2010," and that a "number of foreign countries have also authorized same-sex marriage." Although Maryland law states that only "a marriage between a man and a woman is valid in this State," Gansler noted that Maryland courts have held to "the general rule that a marriage valid where contracted or solemnized is valid everywhere, unless it is contrary to the public policy of the forum."

Gansler also ordered Maryland agencies start affording same-sex couples the same rights as heterosexual couples, The Washington Post reported. In a press statement Maryland Gov. Martin O'Malley said, "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. I expect all state agencies to work with the Attorney General's office to ensure compliance with the law."