When Maryland Attorney General Doug Gansler opined that Maryland should recognize the same-sex marriages of couples wed in the District of Columbia, he overturned precedent set in 2004 by former AG Joseph Curran and ignored a 1973 state law recognizing marriage solely between one man and one woman. Delegate Don Dwyer quickly denounced Gansler’s ruling and announced a bid to impeach the Attorney General.
While Dwyer is no stranger to impeachment proceedings over same-sex marriage, attempting to remove Baltimore City Circuit Court Judge M. Brooke Murdock for her ruling declaring the state law unconstitutional, he’s noncommittal thus far on whether he’ll include Governor O’Malley in his impeachment crusade as O’Malley publicly backed Gansler Wednesday.
Other states handle the issue differently. While Virginia’s AG Ken Cuccinelli is an ardent foe of same-sex marriage and is unlikely to allow recognition of same-sex couples married in the District of Columbia, the state of Rhode Island, while not yet allowing the procedure within its own borders, recognizes same-sex marriages performed in the several regional states which do allow the practice. Out of the six New England states, only Rhode Island and Maine do not allow same-sex marriage within its borders, and Maine voters rejected its legislature’s bid to allow gay and lesbian couples to marry there last year after opponents put the issue on the ballot.
In an attempt to clear up the issue here in Maryland, Delegate Emmitt Burns attempted to ban same-sex marriage recognition but the bill died in committee. It’s one of several bills this session addressing the issue which range from a simple moritorium on recognition to constitutional amendments both for and against the practice, bids to allow Maryland voters a chance to decide the issue. Aside from the Burns bill, none of these have received a committee vote, let alone one by the full floor.
Given Gansler’s decision and Governor O’Malley’s backing, it’s doubtful the 1973 marriage law will be followed to the letter and even more doubtful the impeachment proceeding will succeed. But it will put the message in the mind of voters who decide to cast their ballots based on this social issue, possibly tipping close races into the opposite column.
