Lambda Legal

Maryland Joins New York in Recognizing Out-of-State Marriages of Same-Sex Couples: Lambda Legal Applauds AG Opinion

"The Big Apple didn't topple after New York recognized out-of-state marriages of same-sex couples - far from it - and many families in Maryland just got more stability."

(New York, February 24, 2010) - Today Maryland Attorney General Douglas F. Gansler issued an opinion saying that recognition of out-of-state marriages of same-sex couples is consistent with Maryland law. Lambda Legal applauds the opinion that follows similar analysis in other states like New York.

Statement from Susan Sommer, Director of Constitutional Litigation at Lambda Legal:

"This opinion should bring some peace of mind to married same-sex couples and their families in Maryland as this state aligns itself with New York, in making clear that there is no gay exception to long-standing marriage recognition law. The Big Apple didn't topple after New York recognized out-of-state marriages of same-sex couples - far from it - and many families in Maryland just got more stability. Under well-settled law, a marriage valid where entered is valid in Maryland, even if the couple could not have married in Maryland.

"Unfortunately, this important step is only part of the story. Same-sex couples who reside in either New York or Maryland still have to leave home to get married, and they are as vulnerable as ever to discrimination in other states and by the federal government. These half-steps are helpful, but not enough – we need marriage equality for same-sex couples."

Lambda Legal has worked to secure recognition of out-of-state marriages of same-sex couples in New York, establishing important precedent for Maryland to follow. New York's highest court recently upheld government recognition of out-of-state marriages in two Lambda Legal cases, Godfrey v. Spano and Lewis v. NY State Dept of Civil Service. As a resource to the Maryland Attorney General's Office, Lambda Legal provided detailed analysis of Maryland legal principles calling for marriage recognition. Sommer also provided testimony to the Maryland legislature against proposed legislation to block recognition of out-of-state marriages; that bill was successfully opposed.

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Susan Sommer will be available at a press teleconference today at 3pm. Please call 218-844-3377, Access Code: 5787500#

For any questions regarding marriage recognition litigation, please call Lambda Legal at 212-809-8585.

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.