Maryland recognises same sex marriages?

[ImnoMensa]

Maryland Politics - Gansler: Effective immediately Md. recognizes same-sex marriages performed elsewhere

It looks like our Attorney General has made the law for us.

I didnt know he had the authority to do this.

[frogman123]

what's wrong with the law? It's about time. The old timers who oppose this are the same ones who oppose(d) minorities and integration. Everyone in theis country deserves equal rights. Things change, and sometimes those things make some people uncomfortable- get over it.

[bcp (Premo)]

I believe that his answer was one of prediction, and not set in stone

[4Father]

Originally Posted by bcp

I believe that his answer was one of prediction, and not set in stone

Right, it is his interpretation. I know the legislature can over rule him by being more specific, and I'm pretty sure the courts can say he is wrong too.

[Tilted (Premo)]

This is just a formal Attorney General Opinion. It in no way, shape or form means that Maryland now recognizes same-sex marriages from other states.

Writing and issuing AG Opinions is one of the functions of the Attorney General's office. A government official (e.g. the Governor, a state legislator) asks it for an opinion on some legal matter, and it researches (if necessary) and writes an opinion in response. In this case, a State Senator asked 'whether Maryland may recognize same-sex marriages legally performed in other jurisdictions' and 'whether a Maryland Governor can issue an executive order concerning recognition of such marriages'.

The Attorney General issued a lengthy opinion discussing various aspects of the issue. The short answer to the first question was yes - same-sex marriages may be recognized under state law.

Such marriages may be recognized in several ways. First, legislation enacted by the General Assembly could provide for recognition of out-of-state same-sex marriages generally, or for particular purposes. Second, in the absence of legislation, the Court of Appeals, applying common law choice-of-law principles, could decide that such marriages will be recognized in Maryland, either generally or in particular circumstances. Finally, a State agency may also address the recognition of out-of-state marriages on particular matters within that agency’s jurisdiction, so long as the agency’s action is consistent with any relevant statutes and court decisions, including federal laws that may govern the agency’s activities.

Speaking to how the Court of Appeals might rule on the issue:

While the matter is not free from all doubt, in our view, the Court is likely to respect the law of other states and recognize a same-sex marriage contracted validly in another jurisdiction. In light of Maryland’s developing public policy concerning intimate samesex relationships, the Court would not readily invoke the public policy exception to the usual rule of recognition. You have posed the question in the abstract, but, of course, context matters. For example, to the extent that a particular matter is governed by federal law, the federal Defense of Marriage Act, which limits marriage for federal purposes to opposite-sex couples, would prevent recognition of the marriage for that particular purpose.

And, speaking to the second question:

Finally, with respect to your question concerning the Governor’s authority to issue an executive order, the Governor cannot legislate through an executive order. An executive order of the Governor must be consistent with existing Maryland law, as enacted by the General Assembly and construed by the courts. While the State Constitution and statutes accord the Governor broad powers in certain areas – for example, in matters concerning executive branch employees – many questions concerning recognition of out-of-state marriages arise in the courts and cannot be addressed in an executive order. The action of the New York Governor’s office in 2008 is not entirely analogous. In New York, the Governor’s counsel issued a memorandum to various agencies in that state directing them to comply with a state court decision concerning recognition of out-of-state marriages; there is no similar court decision in Maryland.

A few key points:

(1) The formal opinion offered by the Attorney General was in response to an inquiry (and offering such opinions is part of the AG's job).

(2) The opinion doesn't change state law or control Maryland policy on this issue.

(3) This isn't a suggestion as to what the Attorney General thinks Maryland policy should be, it is a legal analysis of the issue, and considered views regarding it.

(4) There is nothing 'effective immediately' to this - unless you mean, 'effective immediately' you will be able to read this opinion.

[aps45819]

Originally Posted by frogman123

what's wrong with the law? It's about time. The old timers who oppose this are the same ones who oppose(d) minorities and integration..

That would be the Democrats. Now they have an agenda of economic slavery

[ItalianScallion (Premo)]

What froglips doesn't understand is that this will bring us one step closer to gay marriages being legal and performed in Md. That will bring us all closer to the wrath of God just as we see happening in California.
Don Dwyer(R) is going to try to have Gaynsler impeached for this "opinion".
Sure froglips; only something for us "old timers" to worry about...

[Highlander]

Originally Posted by frogman123

what's wrong with the law? It's about time. The old timers who oppose this are the same ones who oppose(d) minorities and integration. Everyone in theis country deserves equal rights. Things change, and sometimes those things make some people uncomfortable- get over it.

Yep, everyone deserves equal rights. In 50 years child molesters and sheep fuc*ers will be fighting for "equal rights." Society needs to draw the line somewhere. I can't believe we, as a society, think two gay men should be able to get MARRIED! WTF!!!

[bcp (Premo)]

Originally Posted by frogman123

what's wrong with the law? It's about time. The old timers who oppose this are the same ones who oppose(d) minorities and integration. Everyone in theis country deserves equal rights. Things change, and sometimes those things make some people uncomfortable- get over it.

I see the problem here.

you look at discriminating against a skin color the same as discriminating against a choice.

You're statement above is not 100% correct. Not all that oppose gay marriage/special rights would have been against equal rights for minorities, and at the same time, not all that support gay marriage/special rights would have supported equal rights for minorities.

The two have nothing to do with each other.

[edinsomd]

Originally Posted by aps45819

That would be the Democrats. Now they have an agenda of economic slavery