Gay marriage makes a gain in state of Maryland

by Susan Marie Kovalinsky | February 25, 2010 at 05:17 am
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Morgan Meneses-Sheets, executive director of Equality Maryland, described it as a strong step forward for the rights of gay couples, while Delegate Don. H Dwyer Jr., an Anne Arundel County Republican who adamantly opposes recognition of same-sex marriages, said Mr. Gansler should be impeached.
New York Times, Feb. 25 2010

Maryland's attorney general said yesterday that agencies in the state should recognize same-sex marriages performed in other states.


 This was a long awaited legal opinion of Attorney General Douglas F Gansler.   In his remarks Gansler concluded that until courts or legislature declares otherwise,  same sex marriages made legal by other states should be recognized by all of Maryland's state agencies.  

Saying that the highest court was likely to rule so, he admitted that it “is not free from all doubt.”

In Maryland,  the legal definition of "one man, one woman"  holds for marriage.  But like five other states,  gay marriage is not specifically addressed.  

Even though the Attorney General's opinion does not create or change law, it is used as a guide,  even by high courts,  and can be used as a defense.  There have been no legal rulings on gay marriage except that measure legalizing it have failed,  but partners in same sex couples have been extended rights.  

For example, domestic partners who own homes together are exempt from the state inheritance tax. Members of same-sex couples are permitted to make medical and burial decisions for each other and are eligible for tax benefits that married people get when transferring property.

As expected, supporters of same-sex marriage hailed Mr. Gansler’s opinion, while opponents denounced it.

Morgan Meneses-Sheets, executive director of Equality Maryland, described it as a strong step forward for the rights of gay couples, while Delegate Don. H Dwyer Jr., an Anne Arundel County Republican who adamantly opposes recognition of same-sex marriages, said Mr. Gansler should be impeached.

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Still an opinion is only an opinion. I seriously doubt the Maryland legislature will pass a gay marriage law or recognize gay marriage from other states.

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