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Md. may recognize out-of-state gay marriages

Attorney general issues opinion as D.C. couples prepare to wed

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Maryland Attorney General Doug Gansler (Photo courtesy of Maryland state government)

Maryland Attorney General Douglas Gansler issued a long-awaited opinion Wednesday saying same-sex marriages performed in other states or countries most likely would have full legal standing in the state.

But in his 53-page legal opinion, Gansler said the Maryland Court of Appeals would have the final say in the matter should opponents of same-sex marriage choose to contest the legal standing of married same-sex couples living in or visiting the state.

Gansler’s opinion comes one week before a law allowing same-sex marriages to be performed in D.C. is expected to take effect March 3. Same-sex couples in Maryland have said they would likely make wedding plans in the District in response to a favorable opinion from Gansler.

The attorney general’s opinion comes nine months after state Sen. Richard Madaleno (D-Montgomery County), who is gay, asked Gansler to issue an official opinion on the question of whether the state could legally recognize same-sex marriages from other jurisdictions.

“You have asked whether those marriages may be recognized under state law,” Gansler said in his opinion, which is addressed to Madaleno. “The answer to that question is clearly ‘yes.’”

Madaleno could not immediately be reached for comment, but he told the Washington Post in a brief interview that changes in state policy could now result from a court ruling, legislation or administrative action, though none of those is imminent.

Gansler says in the opinion that while he believes the legal concept of state “public policy” favors recognition of out-of-state gay marriages, others might raise legal grounds to contest that view.

In particular, he points to the 2007 ruling by the Maryland Court of Appeals upholding the state’s marriage law banning same-sex marriages from being performed in the state. In that 4-3 ruling denounced by LGBT activists, the court ruled that restricting marriage to a man and a woman doesn’t discriminate against same-sex couples or deny them rights under the state constitution. The court held that the ban on same-sex marriage instead promotes the state’s “interest” in traditional heterosexual marriage as a means of fostering procreation and protecting children.

But Gansler says in his opinion that the appeals court decision should not be a key factor in determining whether Maryland could recognize same-sex marriages from other jurisdictions.

“The Court of Appeals would start from the general principle that a marriage that is valid in the place of celebration remains valid in Maryland,” he said in his opinion. “There are exceptions to that rule if the particular marriage is contrary to a strong state public policy. A statute that limits marriage in Maryland to opposite-sex couples could be said to embody a policy against same-sex marriage.”

However, Gansler noted that the Court of Appeals has not prevented the state from recognizing various types of marriages performed in other states that are not allowed to be performed in Maryland under the state’s marriage law. Among them are common law marriages, which are recognized in many other states. The Court of Appeals also upheld a Rhode Island marriage between an uncle and a niece, even though the Maryland marriage law prohibits such a marriage, Gansler says in his opinion.

“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,” he says. “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 of recognition.”

In response to a second question raised by Madaleno, Gansler says in his opinion that Maryland Gov. Martin O’Malley does not have authority to issue an executive order recognizing same-sex marriages from other jurisdictions.

In his May 19, 2009, letter to Gansler requesting the same-sex marriage recognition opinion, Madaleno pointed out that New York Gov. David Paterson issued such an order, clearing the way for New York to recognize out-of-state same-sex marriages, even though the legislature had not approved a same-sex marriage bill.

“An executive order of the governor must be consistent with existing Maryland law, as enacted by the General Assembly and construed by the courts,” Gansler says.

LGBT rights groups hailed Gansler’s opinion as an important breakthrough for the marriage equality movement.

“Today is a day to celebrate,” said Morgan Meneses-Sheets, executive director of Equality Maryland, a state LGBT advocacy group.

“Equality Maryland applauds a favorable opinion released by the Office of Attorney General Doug Gansler that states that the marriages of same-gender couples legalized in other jurisdictions have standing to be honored here at home.”

But Rick Bowers, director of Christian Impact Alliance, a Maryland group opposed to same-sex marriage, said Gansler acted without legal authority to issue such a ruling.

“The governing body over a decision like this should be the General Assembly or the people of the state of Maryland through a vote by referendum,” Bowers said.

Gay rights groups, however, disputed Bowers assessment, saying Gansler has authority to issue such an opinion.

Lambda Legal, a national LGBT group, praised Gansler’s opinion for “saying that recognition of out-of-state marriages of same-sex couples is consistent with Maryland law.”

Susan Sommer, director of the group’s Constitutional Litigation program, said the Gansler 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, making clear that there is no gay exception to long-standing marriage recognition law.”

Evan Wolfson, executive director of the national same-sex marriage advocacy group Freedom to Marry, said he was confident that the Maryland Court of Appeals would uphold Gansler’s assessment that valid same-sex marriages from other jurisdictions have full legal standing in Maryland.

“Maryland’s typical practice, like all states historically, is to honor marriages rather than destabilize them,” Wolfson said. “The Maryland Attorney General is concluding, looking at Maryland law, that there is no reason for a gay exception to that tradition and common sense practice.”

While praising Gansler’s opinion as an important development for same-sex marriage equality, some LGBT organizations said it focuses attention on the need for all states to adopt same-sex marriage laws.

“Today’s opinion by the Maryland Attorney General only continues to further highlight the burdensome patchwork of unequal laws same-sex couples face across the country,” said Joe Solmonese, president of the Human Rights Campaign. “With every step that is taken in the progress toward full equality, it becomes more and more obvious that separate is not equal and marriage by any other name is not marriage.”

The action by Gansler on Wednesday also comes less than a month after the Maryland House Judiciary Committee voted 12-8 to defeat a bill that would have banned same-sex marriage in the state. The measure was introduced by Del. Emmett Burns (D-Baltimore County), who said he anticipated Gansler’s opinion would back same-sex marriage recognition.

Maryland Del. Don Dwyer (R-Anne Arundel County), meanwhile, is “definitely” moving ahead with plans to file impeachment papers against Gansler for his same-sex marriage recognition opinion, according to spokesperson Louisa Baucom.

“His position about the opinion is that Attorney General Gansler had no right to issue the opinion, regardless of what the opinion is — that his constitutional limitations prohibit that,” Baucom said.

“He will be drawing up letters of impeachment against Attorney General Gansler,” she said, adding that the charges would be based on “violation of his oath of office.”

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Comings & Goings

Ferentinos joins National Museum of American History advisory board

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Susan Ferentinos, Ph.D.

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to Susan Ferentinos, Ph.D., on her appointment to the Advisory Board of the Smithsonian’s National Museum of American History. On her appointment she said, “This is a moment when historians must stand up for accuracy, complexity, and the full breadth of the American story. I look forward to working with my fellow board members to ensure the National Museum of American History continues to fulfill its mission of serving all Americans with the highest standards of scholarship and integrity.”

Ferentinos operates her own national consulting business based in Port Townsend, Wash., with satellite operations based in Delaware County, Pa. Her business helps museums, historic sites, and government agencies expand and diversify the stories they tell about the American past. Her work focuses on interpreting LGBTQ history and women’s history, bringing overlooked narratives into mainstream historical interpretation. Her clients have included the National Park Service, the American Association for State and Local History, Baltimore Heritage, and numerous museums and historic sites across the country.  Among her many accomplishments, Susan was part of the teams responsible for getting three LGBTQ sites designated as National Historic Landmarks. Two of those landmarks are in Washington, D.C. She authored the NHL nominations for the Furies Collective, in Capitol Hill, building on research performed by local historian Mark Meinke, and she authored the NHL nomination for the home of African-American educators Lucy Diggs Slowe and Mary Burrill, in Brookland, building on research by Eric Griffitts and Katherine Wallace, of EHT Traceries. 

Ferentinos earned her bachelor’s degree from College of William and Mary in International Development and Philosophy; a master’s from Indiana University in United States History; and a Ph.D. from Indiana University in United States History.

Shawn Gaylord

Congratulations also to Shawn Gaylord on joining a team at Berkshire Hathaway PenFed Reality in Solomons, Md. His focus will be Southern Maryland – Calvert, St. Mary’s, Charles, and Anne Arundel. Gaylord still leads the LGBTQ+ Strategies Team at The Raben Group and works part-time on federal policy for GLSEN. 

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Maryland

Md. Commission on LGBTQIA+ Affairs released updated student recommendations

LGBTQ students report higher rates of bullying, suicide

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(Washington Blade photo by Ernesto Valle)

The Maryland Commission on LGBTQIA+ Affairs has released updated recommendations on how the state’s schools can support LGBTQ students.

The updated 16-page document outlines eight “actionable recommendations” for Maryland schools, supplemented with data and links to additional resources. The recommendations are: 

  • Developing and passing a uniform statewide and comprehensive policy aimed at protecting “transgender, nonbinary, and gender expansive students” against discrimination. The recommendation lists minimum requirements for the policy to address: name, pronoun usage, and restroom access.
  • Requiring all educators to receive training about the specific needs of LGBTQ students, by trained facilitators. The training’s “core competencies” include instruction on terminology, data, and support for students.
  • Implementing LGBTQ-inclusive curricula and preventing book bans. The report highlights a “comprehensive sexual education curriculum” as specifically important in the overall education curriculum. It also states the curriculum will “provide all students with life-saving information about how to protect themselves and others in sexual and romantic situations.” 
  • Establishing Gender Sexuality Alliances “at all schools and in all grade levels.” This recommendation includes measures on how to adequately establish effective GSAs, such as campaign advertising, and official state resources that outline how to establish and maintain a GSA. 
  • Providing resources to students’ family members and supporters. This recommendation proposes partnering with local education agencies to provide “culturally responsive, LGBTQIA+ affirming family engagement initiatives.” 
  • Collecting statewide data on LGBTQ youth. The data on Maryland’s LGBTQ youth population is sparse and non-exhaustive, and this recommendation seeks to collect information to inform policy and programming across the state for LGBTQ youth. 
  • Hiring a full-time team at the Maryland Department of Education that focuses on LGBTQ student achievement. These employees would have specific duties that include “advising on local and state, and federal policy” as well as developing the LGBTQ curriculum, and organizing the data and family resources. 
  • Promoting and ensuring awareness of the 2024 guidelines to support LGBTQ students. 

The commission has 21 members, with elections every year, and open volunteer positions. It was created in 2021 and amended in 2023 to add more members.

The Governor’s Office of Communication says the commission’s goal is “to serve LGBTQIA+ Marylanders by galvanizing community voices, researching and addressing challenges, and advocating for policies to advance equity and inclusion.” 

The commission is tasked with coming up with yearly recommendations. This year’s aim “to ensure that every child can learn in a safe, inclusive, and supportive environment.” 

The Human Rights Campaign’s most recent report on LGBTQ youth revealed that 46.1 percent of LGBTQ youth felt unsafe in some school settings. Those numbers are higher for transgender students, with 54.9 percent of them saying they feel unsafe in school. 

Maryland’s High School Youth Risk Behavior Survey reveals a disparity in mental health issues and concerns among students who identify as LGBTQ, compared to those who are heterosexual. LGBTQ students report higher rates of bullying, feelings of hopelessness, and suicidal thoughts. Nearly 36 percent of LGBTQ students report they have a suicide plan, and 26.7 percent of respondents say they have attempted to die by suicide. 

The commission’s recommendations seek to combat the mental health crisis among the state’s LGBTQ students. They are also a call for local and state governments to work towards implementing them. 

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Virginia

Va. lawmakers consider partial restoration of Ryan White funds

State Department of Health in 2025 cut $20 million from Part B program

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Virginia Capitol (Washington Blade photo by Michael Key)

​​The Virginia General Assembly is considering the partial restoration of HIV funding that the state’s Department of Health cut last year.

The Department of Health in 2025 cut $20 million — or 67 percent of total funding — from the Ryan White Part B program. 

The funding cuts started with the Trump-Vance administration passing budget cuts to federal HIV screening and protection programs. Rebate issues between the Virginia Department of Health and the company that provides HIV medications began.

Advocates say the funding cuts have disproportionately impacted lower-income people.

The Ryan White HIV/AIDS Program, a federal program started in 1990, provides medical services, public education, and essential services. Part B offers 21 services, seven of which remained funded after the budget cuts. 

Equality Virginia notes “in 2025, a 67 percent reduction severely destabilized HIV services across the commonwealth.” 

Virginia lawmakers have approved two bills — House Bill 30 and Senate Bill 30 — that would partially restore the funding. The Ryan White cuts remain a concern among community members. 

Both chambers of the General Assembly must review their proposed changes before lawmakers can adopt the bills.

“While these amendments aren’t a full restoration of what community-based organizations lost, this marks a critical step toward stabilizing care for thousands of Virginians living with HIV,” said Equality Virginia Executive Director Narissa Rahaman. “Equality Virginia plans to continue their contact with lawmakers and delegates through the conference and up until the passing of the budget.” 

“We appreciate lawmakers from both sides of the aisle who recognized the urgency of this moment and will work to ensure funding remains in the final version signed by the governor,” added Rahaman.

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