Same-Sex Marriage Should Be Recognized In Maryland

In an advisory opinion released yesterday, Attorney General Douglas F. Gansler concluded that as a matter of constitutional law, the Court of Appeals would likely recognize same-sex marriages performed in other states.

The opinion does not enable same-sex couples to wed here in Maryland - only to “recognize a same-sex marriage contracted validly in another jurisdiction.”   However, the opinion does advise state agencies to treat same-sex marriages as valid if the marriage took place in a state where gay marriage is legal.  This means that state agencies will be required to extend all benefits enjoyed by heterosexual couples to married gay couples.  Such benefits would include health insurance, property rights, and spousal legal immunity.

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