In Maryland, battle over same-sex marriage begins

[Holmes]

Md. attorney general: State to recognize same-sex marriages performed elsewhere

Maryland Attorney General Douglas F. Gansler (D) said Wednesday that effective immediately, and until challenged in court, the state recognizes same-sex marriages performed elsewhere and that Maryland agencies should begin affording out-of-state gay couples all the rights they have been awarded in other places.

"State agencies in Maryland will recognize out-of-state gay marriages as of right now," Gansler said at a news conference explaining the effect of a long-awaited opinion he released Wednesday morning.

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"It's not that foreign of a concept, I mean, it's just people, it's just like any other heterosexual couples," Gansler said. "However a heterosexual couple is treated that was validly married in Maryland or elsewhere, [a same-sex couple] will be treated like that here in Maryland, unless and until a court or the legislature decides differently."

Gov. Martin O'Malley (D) responded to Gansler's opinion with a statement saying: "We will be guided by the Attorney General's thorough analysis and legal advice on this matter. . . . I expect all state agencies to work with the Attorney General's office to ensure compliance with the law."

Many in Annapolis on Wednesday afternoon were still struggling with both the political and policy implications of Gansler's decision, and even advocates said that they expected lengthy court battles and discussions with O'Malley's administration would be needed to further refine what Maryland may offer same-sex couples from elsewhere.

Several legal scholars said the opinion appeared designed to spur court action, and Gansler acknowledged that he expects his opinion will be challenged quickly. He said it will likely be up to the state's highest court to issue a final verdict, but he said he believes his opinion now provides a road map that didn't exist for same-sex couples to win in court.

[Holmes]

The issue of recognizing same-sex marriages performed elsewhere is likely to be dealt with through the courts, though not necessarily quickly, said Senate President Thomas V. Mike Miller Jr. (D-Dist. 27) of Chesapeake Beach.

"The far right will look to find the right case, probably in Harford County or somewhere on the Eastern Shore," Miller said Thursday. "They'll forum-shop and try to get a lower court decision to say what they want them to say, and then it'll be ultimately decided by the Court of Appeals."

Miller said that he does not expect the opinion to elevate same-sex marriage as a topic of debate for the current legislative session or to change re-election prospects.

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Del. Donald H. Dwyer Jr. said Wednesday that he will seek to impeach Gansler for issuing an opinion that "usurps the law."

Each year, Dwyer (R-Dist. 31) of Glen Burnie introduces a bill calling for a statewide voter referendum on a constitutional amendment to ban same-sex marriage.

[Holmes]

You can marry him right now, in the South, if you find a good Episcopalian, Unitarian, Unity Church, Metropolitan Community Church, or Reformed Catholic church down there that will marry you two. And it would be recognized by you two, the church, you family, your friends, but not your government.