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Maryland AG Gansler : High Court Likely to Rule in Recognition of Same-Sex Marriages Performed Elsewhere

A long-awaited opinion by Maryland Attorney General Douglas Gansler was released today. In it, Gansler said the state could recognize same-sex marriages performed elsewhere, and Maryland's highest court would likely rule that way.

The Baltimore Sun reportsGansler  "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."

The Washington Post adds: "The policy implications of the opinion are not immediately clear, and Gansler says in a one-page summary that his conclusion 'is not free from doubt.' Gansler's opinion concludes 'that the Court of Appeals, when it ultimately rules on this question in a particular case, will likely apply the principle that a marriage that is valid in the place of celebration is valid in Maryland. The opinion reaches this conclusion in light of the evolving state policy, reflected in anti-discrimination laws, domestic partner laws and other legislation, that respects and supports committed intimate same-sex relationships.'"

Read the full opinion HERE (PDF).

Earlier this month, Maryland's House Judiciary Committee killed a bill (12-8) that would have prohibited the state from recognizing same-sex marriages performed elsewhere.

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  1. Doug Gansler has been a true champion for the GLBT community in Maryland. I am glad that he is my AG. These are the type of people we should be giving money to instead of organizations like the DNC or DCCC.

    Posted by: Tim Walstrum | Feb 24, 2010 11:28:36 AM

  2. Hello, gorgeous!

    (and well done!)

    Posted by: Dupree | Feb 24, 2010 12:19:24 PM

  3. Hurray for Doug Gansler! He's my AG, too. My partner and I have been waiting for this for months. Soon we'll be able to get married in DC and then the state we live in, and pay taxes to, will legally recognize our marriage.

    Posted by: Laurie | Feb 24, 2010 1:00:34 PM

  4. Before you know it all American's will be equal. Imagine that! Lots of work still needs to be done, though.

    Posted by: Brian | Feb 24, 2010 2:29:30 PM

  5. Laurie,
    I'm not counting my chickens before they hatch. Remember a judge a few years ago found that it was unconstitutional to deny same sex couples marriage in MD and by either 6-3 or 5-4 the MD Court of Appeals overturned her ruling. I'm not sure how the court will rule once it gets there. Let's keep our fingers crossed.

    Posted by: Tim Walstrum | Feb 24, 2010 2:30:51 PM

  6. wow!

    Posted by: KFLO | Feb 24, 2010 3:08:10 PM

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