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95 Maryland Attorney General Reports and Opinions 3 (2010)

handle is hein.sag/sagmd0033 and id is 1 raw text is: FAMILY LAW MARRIAGE - WHETHER OUT-OF-STATE SAME-SEX MARRIAGE THAT IS VALID IN THE STATE OF CELEBRATION MAY BE RECOGNIZED IN MARYLAND February 23, 2010 The Honorable Richard S. Madaleno, Jr. Maryland Senate You asked whether the State may recognize same-sex marriages legally performed in other jurisdictions, including other countries. You also noted action taken by the Governor of New York in 2008 concerning recognition of out-of-state marriages and asked whether a Maryland Governor can issue an executive order concerning recognition of such marriages. Same-Sex Marriages from Other Jurisdictions in Maryland This opinion does not concern whether individuals of the same sex may wed in Maryland. The General Assembly has clearly answered that question no - an answer that the Court of Appeals has found to be constitutional. Rather, your inquiry raises the question whether the State may recognize a same-sex marriage that is valid in the jurisdiction in which it was contracted. Several states and foreign countries now provide for same-sex marriage under their own laws. Although two individuals are married in another jurisdiction, their marital status in Maryland can become significant in a variety of ways. A same-sex couple validly married in another state or country may move to Maryland for employment. A same-sex couple validly married in another state or country may vacation in the State - or may stop temporarily in the State while traveling to another destination. A same-sex couple in Maryland may go to another state for the specific purpose of marrying under that state's law, and then return to Maryland. A same-sex couple married in another state may never set foot in Maryland, yet their marital status may have legal significance for others in Maryland. 3

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