Maryland’s attorney general said state agencies must immediately begin recognizing same-sex marriages performed outside the state until the legislature or courts say otherwise.
“State agencies in Maryland will recognize out-of-state gay marriages as of right now,” Attorney General Douglas F. Gansler said at a news conference Wednesday, clarifying a long-awaited opinion he issued on such unions earlier that morning.
“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.”
Sen. Richard S. Madaleno Jr., D-Wheaton, said the General Assembly will address legislation supporting same-sex marriage in Maryland before the session is over, but lawmakers seem to be at a standstill over the issue. Almost every year, legislation is introduced to pre-empt recognition of out-of-state same-sex marriages. And every year — including this one — those bills are shot down.
Gansler’s spokeswoman, Raquel Guillory, said the attorney general’s change will take some time.
She said agencies must go through a lengthy review process to determine whether recognizing same-sex marriages would violate the federal Defense of Marriage Act.
“It wouldn’t happen overnight,” she said.
Gov. Martin O’Malley urged state agencies to comply with Gansler’s opinion: “I expect all state agencies to work with the Attorney General’s office to ensure compliance with the law.”
O’Malley said Gansler’s opinion “makes sense” because it stays consistent with the state’s recognitionof other types of contracts from outsidethe state, said spokesman Shaun Adamec.
Gansler’s mandate that state agencies begin recognizing same-sex marriage was not included in the 55-page opinion he issued Wednesday morning.
He identified state agencies as one of the three vehicles that could validate the unions — in addition to the General Assembly, by way of a bill, and the Court of Appeals — but he did not specify a timeline or requirement.
In fact, he clarified his opinion as a “prediction, not a prescription,” within the report.
Madaleno requested the opinion from Gansler nearly a year ago. He asked whether the governor could issue an executive order, as New York’s governor did in 2008, that would accept same-sex marriages valid in other states.
But Maryland’s governor does not have the authority to legalize same-sex marriage, Gansler said.
