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Maryland AG: State must recognize gay unions performed out-of-state

Maryland AG: State must recognize gay unions performed out-of-state

Maryland Attorney General Douglas F. Gansler released a long-awaited opinion Wednesday saying that Maryland should recognize same-sex marriages performed in other states, drawing cheers from gay-rights supporters and igniting immediate debate on a highly contentious issue in an election year.

From the Baltimore Sun:

With the ruling, state agencies will be required to extend all benefits that heterosexual couples enjoy to married gay couples. These could include health insurance expansion, spousal legal immunities, property rights, the ability to file wrongful-death suits and perhaps some tax benefits, experts said yesterday.

“There is no law in Maryland that says we don’t recognize out-of-state marriages between same-sex couples,” Gansler said. “Based on the law and the state of the law in Maryland and the Constitution of the United States, this is what the law is.”

The ruling does not enable same-sex couples to wed in Maryland, as neighboring Washington D.C. recently decided to allow starting next week.

Five states and a handful of foreign countries issue marriage certificates to gay couples.

In Maryland, gay couples can register as domestic partners, which affords them some, but not all, of the rights that come with marriage. But civil rights groups and same-sex couples believe this is a step toward legalizing gay marriage.

Meanwhile, the House Judiciary Committee is considering a separate bill that would allow same-sex marriages to be performed in Maryland.

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