ANNAPOLIS — Maryland lawmakers are denouncing Attorney General Douglas F. Gansler’s call for state agencies to begin recognizing same-sex marriages.
Senate President Thomas V. Mike Miller Jr, D-Calvert, said Gansler’s ruling wouldn’t last long.
“His finding can be trumped in seconds by a lower court,” Miller said.
The Senate president termed the General Assembly’s reaction to Gansler’s opinion as “ho-hum” — or to be expected — from an attorney general traditionally soft on gay marriage.
Del. Donald Dwyer, R-Anne Arundel County, is less concerned with Gansler’s opinion and more concerned with how an opinion from the attorney general could override the legislature and automatically become law in Maryland.
Dwyer said he plans to bring articles of impeachment against Gansler.
“This only has to do with the office of the attorney general and his willingness to usurp the authority of the General Assembly,” said Dwyer’s legislative aide, Rick Bowers.
Gansler’s mandate that state agencies begin recognizing same-sex marriage was not included in the 55-page opinion he issued Wednesday morning.
In the opinion, he predicted the state’s highest court eventually would approve same-sex unions.
He identified state agencies as one of three vehicles that could validate the unions — in addition to the General Assembly 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.
On Wednesday afternoon, Gansler held a press conference and put more muscle behind his written word.
“State agencies in Maryland will recognize out-of-state gay marriages as of right now,” he said.
But Dwyer said the attorney general does not have the authority to codify his opinion — especially after laws supporting his opinion have failed in the General Assembly.
He cited a 2004 attorney general decision — an “advice letter” — that stated the opposite of Gansler’s opinion, saying out-of-state same-sex marriages “would likely not be recognized under Maryland law.”
“It would seem the opinions of attorney generals are only valid for six years in the state of Maryland,” Bowers said.
