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Saturday, February 27, 2010

Same Sex Marriage

Gansler weighs in on same-sex marriage recognition in Md.

by Steve Lash

ANNAPOLIS
– In a victory for gay rights advocates, Maryland Attorney General Douglas F. Gansler issued an opinion Wednesday endorsing the view that the Court of Appeals would — and the state should — recognize as married same-sex Maryland couples who are legally wed in other states.

The immediate effect of Gansler’s opinion is to put state agencies on notice that they should extend to these same-sex couples all the rights and benefits afforded to married heterosexual couples in the state, Gansler said after issuing his opinion. For example, the legally wed partner of a state employee should be entitled to the same pension benefits as any other spouse.

Maryland Gov. Martin O’Malley issued a call to state agencies in light of the opinion.

“I am confident that the attorney general and his office will provide all necessary advice to state agencies on how to comply with the law and I expect all state agencies to work with the attorney general’s office to ensure compliance with the law,” O’Malley said in a statement.

Gansler’s opinion lacks the force of law, but makes clear that the attorney general, the state’s top legal adviser, believes the state is constitutionally required to recognize the same-sex marriages legally performed in other states. Gansler, in his written opinion and public comments Wednesday, expressed his belief that the Court of Appeals will rule likewise when the issue inevitably reaches the state’s top court.

“This will ultimately be resolved in the court,” Gansler said during a press conference. “The court will ultimately have a say.”

Under the federal Constitution’s Full Faith and Credit Clause, the 45-page opinion explained, states are bound to recognize legally binding agreements, including marriage contracts, issued by other states. The only exception to this rule is if the contract so deeply offends a state’s public policy that it cannot extend such recognition.

Maryland’s recognition of same-sex marriages performed in other states does not offend the state’s public policy, Gansler concluded.

“While the matter is not free from all doubt, in our view, the Court of Appeals is likely to respect the law of other states and recognize a same-sex marriage contracted validly in another jurisdiction,” Gansler wrote in his opinion. “In light of Maryland’s developing public policy concerning intimate same-sex relationships, the court would not readily invoke the public policy exception to the usual rule” that states recognize legally binding agreements, including marriage contracts, from other states, Gansler added.

In recent years, the opinion explained, the state has extended many rights — short of actual marriage — to same-sex couples. These include the right to adopt and the right of same-sex partners to be involved in medical decisions affecting their loved ones.

The attorney general also cited the Court of Appeals’ history of recognizing marriages from other states that would have been invalid had they occurred or been performed in Maryland. These unions include a common-law marriage that was accepted in another state, as well as a legal Rhode Island marriage between an uncle and his niece.

Gansler, who supports gay marriage, said his personal views played no part in his advisory opinion.

“We’re not in the policy business,” Gansler said of the attorney general’s office. “We’re in the interpretation of law business.”

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13 comments:

  1. It's just a shame that these people in charge can make such idiotic decisions like this. If we are going to recognize other states laws on gay marriage, what is the difference in recognizing other states laws in the right to carry. The democrats have an agenda and twist the laws to suit their needs and perversions. If we don't get rid of them in November we are all doomed.

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  2. Maryland doesn't need to recognize it because there is no such thing as same-sex marriage. That's like saying the tooth fairy exists. By definition, marriage is between man and woman. If these freaken people keep wanting to change definitions of words this country is really going to be in trouble.

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  3. Ganslers opinion doesn't mean crap to me. Don't forget that he is a liberal and has a liberal agenda. Obama, O'Malley, Gansler, what's the difference? They all seem to be trying to destroy the country.

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  4. Just trying to force their vile discusting behavior on all of us.

    Queers need mental therapy not marriage licenses.

    Same sex marriage is an oxymoron. You can't marry two plugs or two sockets. Only a plug and a socket can marry.

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  5. Where DO you people come up with this crap?

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  6. 9:28 - When & if ever has any gay person shoved thier "vial, discusting behavior" been shoved down your throat (no pun intended). These people are no different than you or I. No I don't believe in gay marraiges, probably because I am not gay. However 99 o/o live normal lives. They hold down jobs, live a quiet life and don't go aroung everday swinging from the rafters having sex for all to see. They are as discrete as in any marraige. AND it is none of our business what they do in there own homes. God created people and whether you like it or not HE does not make mistakes. Would you be screaming "no way" if you were to have a mentally challanged facility was to be built in your neighborhood. Are these people a mistake of God? I don't think so.
    So stop being a homophobe and concerntrate about yourself and your family.

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  7. OMG!!! You all have no idea what your talking about!!! First this is not about religion it is about laws & civil rights. For those of you that can't separate the two oh well. If you want to be one of the Bible thumpers then PLEASE carefully read the bible.Turn it to the Story of Johnathon & David then maybe go on past that to Jesus' views on the Enouchs & the 3 different kinds of them that were. Yes God took a stand on the city of Sodom & Gommorah but the crime was out of control & it was the complete inability to control their desires that spiraled them down. Action had to be taken, God took action when he needed on more than just that occasion & on more than just that topic, destruction happened during Noah's time & Tower of Babel ring a bell to anyone. Please Actually open your Bible. Please also remember that My God teaches love, tolerance, understanding & compassion for ALL God's creations. (that includes me being tolerant of your ignorance & just saying a prayer that one day you will open your eyes & heart to learn to love has God does)

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  8. 9:28 and 9:57

    Stop with the "tolorance" bull crap!

    This is not about religion, it is however all about the lefties trying to take down another institution called marriage by diluting it with discusting immoral and counter biological activity.
    These people are NOT just like everyone else. These people are mentaly sick if they think they can propagate the species being queer!
    Take your queer behavior and go somewhere else and be tolorant of those of us that respect marriage for what it is, the union between 1 man and 1 woman!

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  9. 9:28-Very interesting Metaphor.

    Hey you got peanut butter in my chocolate....no you got chocolate on my peanut butter.

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  10. 12:10 really
    "discusting immoral & counter biological activity" REALLY???? I hope you did not hurt your small brain getting that out!!! Lots of people have mental ilnness sounds like you have some expiernce yourself, try anger mgmnt.

    As far as "propagating the species" due to being queer...well you see that's where your wrong but you'll have to figure out birds & bees + how many G/L families take in foster kids & adopt children.

    Oh one more thing as far as my tolerance of man woman marriages...they are great as long as your in love & happy. Don't know how you grew up --my parents were married for 40 years & loved each other dearly. They lived thru the great depression & many more trying times. They taught me that a sense of knowing yourself & accepting your flaws is what makes us unique & special. God makes NO mistakes just lessons for us all to learn to accept each other & that goes both ways--no pun intended.

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  11. So, if I come here from another state, then Maryland law means nothing, I only have to abide by my home states laws? Isn't this saying the same thing?
    Just call me Bill from over the hill.

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  12. good grief just don't call it marriage and move on I can't believe this is such an issue

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  13. 12:10, I ask you, how many of the "mentally sick" people do you personally know? As far a anyone is concerned you could be a closed door pervert!!! I know quite a few gay couples and they ARE no different than you or I. They are all nice people who would give the shirts off their backs. No, I do not tolerate this life style I simply choose to except them for who they are. It's not up to me to judge...I believe in the ten commandments the second is Love Thy neighbor as thyself, there are no greater commandments than these. I am not or will I ever be their judge, that is not my job. And whose to say your not sick for not eccepting God's commandments. He didn't say be tollerant, He said LOVE thy neighbor. By the way I am a female happily married for over 30 years and I dearly cheerish my marraige. Why don't you go where all the far right hippocrats are and keep your deep seeded judgement to your pathetic self. I know too many people with Your attitude that don't have a Christian bone in your body or worse, prefess to be a Christian and F#(%$ others outside your marraige and still go to church to show everyboy what a good person you are. (not)
    Signed,
    Not God, just human.

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