Local
Md. may recognize out-of-state gay marriages
Attorney general issues opinion as D.C. couples prepare to wed
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.”
District of Columbia
JR.’s hosts meet & greet for mayoral candidate Janeese Lewis George
Event organized by Capital Stonewall Democrats, Queers for Janeese
D.C. mayoral candidate Janeese Lewis George spoke to a crowd of LGBTQ supporters on June 1 at a meet & greet event held at JR.’s on 17th Street in the Dupont Circle neighborhood.
The event, organized by Capital Stonewall Democrats, which has endorsed Lewis George for mayor, with support from a group called Queers for Janeese, was followed by a “get out the vote” canvassing endeavor in which several of those attending the meet & greet visited the homes of nearby residents known to be Lewis George supporters.
The purpose of the canvassing was to remind Lewis George supporters to return their mail-in ballots or go to the polls on June 16 to elect Lewis George as the city’s next mayor, according to Matthew Kavanagh, one of the leaders of Queers for Janeese who attended the meet & greet event at JR.’s.
Local political observers consider Lewis George, a Ward 4 D.C. Council member, and former At-Large D.C. Council member Kenyan McDuffie, to be the two leading candidates in this year’s race for mayor. The two are among seven mayoral candidates competing in the city’s June 16 Democratic primary.
Lewis George told those attending the meet & greet, which was held on the JR.’s outdoor patio, that she has a long record of advocating for and initiating city polices and laws in support of the LGBTQ community. She said large corporate donors were backing her opponents and urged her LGBTQ supporters to help raise funds for her in the remaining days of the campaign.
Among those attending the meet & greet was gay longtime Dupont Circle civic activist Randy Downs who last November opened a nearby eatery called Protest Pizza. “I am queer and I am a Janeese supporter,” Downs told the Blade.
Stevie McCarty, president of Capital Stonewall Democrats, who also spoke at the meet & greet event, said his group would organize events in support of Lewis George in the remaining days of the campaign. Among them, he said, was an LGBTQ bar crawl in which supporters of Lewis George, including the candidate herself, would visit LGBTQ bars to promote her candidacy.
Virginians for Marriage Equality on Monday launched a campaign in support of repealing Virginia’s constitutional amendment that defines marriage as between a man and a woman.
Equality Virginia Executive Director Narissa Rahaman, former state Sen. Adam Ebbin, former state Del. Mark Sickles, and American Civil Liberties Union of Virginia Executive Director Mary Bauer are among those who spoke at the launch that took place in Richmond. State Del. Kirk McPike (D-Alexandria), who co-chairs the campaign, also participated.
“This amendment is about making clear that the government has no business deciding which marriages or which families are worthy of recognition,” said Bauer. “The ACLU of Virginia has been fighting for Virginians’ right to marry who they love since the landmark case, Loving v. Virginia, which struck down the ban on interracial marriage. Now we are proud to carry that legacy forward by standing with our coalition partners in the fight to pass this amendment and finally enshrine the right to marriage equality in the commonwealth’s constitution.”
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
Democratic Gov. Abigail Spanberger in February signed a bill that finalized the referendum’s language.
The referendum will take place on Nov. 3.
Rehoboth Beach
CAMP Rehoboth’s new director shares plans for busy summer
Dr. Robin Brennan on joyful approach to leadership role
Dr. Robin Brennan, CAMP Rehoboth’s new executive director, has been getting adjusted to her role and connecting with the Rehoboth community.
In March of this year, Brennan took on the role of executive director of CAMP Rehoboth, an LGBTQ+ community center in Delaware working to Create A More Positive (CAMP) environment, following the retirement of Kim Leisey.
When asked about her first few months with CAMP, Brennan said that she’s “in the listening and learning phase.”
“The first few months have been overwhelmingly beautiful, with such warm wishes from so many really diverse groups,” said Brennan.
“The more time that I’ve been at CAMP, it’s almost like I have more questions and more admiration for the solid foundation that it has,” said Brennan. She explained that she is taking her time to listen and connect with the Rehoboth community during these crucial first months.
She spoke to the stressful nature of this work, saying, “This work takes a lot of resiliency, especially being in a front-facing position as executive director of an organization. There’s so much pressure on this to be successful.”
Brennan is no stranger to high-pressure work environments, having worked in the public health field during the COVID-19 pandemic.
Brennan earned a doctorate in public health from Drexel University and has spent nearly two decades working in higher education, which she says greatly influences her approach to her work.
“I am always giving back to and mentoring students, that’s always been a part of who I am,” said Brennan. She said that the adaptability and flexibility she practiced during her time as a professor influences her work, noting, “I think that to be flexible is a key to success.”
Aside from her tenure in academia, Brennan has worked for nonprofits, including with organizations such as Redeemer Health and Nemours Children’s Health.
Leslie Ledogar, president of CAMP’s board of directors, said that Brennan’s joyful approach to this work made her stand out in the search for a new executive director.
“I think that I’ve always naturally been positive and joyful because if I don’t, I will burn out,” said Brennan.
For Brennan, honoring CAMP’s legacy remains a top priority in her role at CAMP. “For me, legacy is so critical, so I want to honor the legacy that this foundation was built on.”
When asked about DEI funding cuts by the Trump administration, Brennan shared how she is navigating an administration that is targeting organizations like CAMP.
“This administration doesn’t open doors for opportunities. As a nimble nonprofit organization, we have always had to be creative,” said Brennan.
She said that she “would never want CAMP Rehoboth to rely on federal dollars, regardless of what type of political administration we’re in. I think relying on any kind of dollars or funding is problematic.”
“We need to stay creative and innovative, not chase money, and also our ears need to be listening to what our community needs,” said Brennan.
As younger members of the LGBTQ+ community grow disheartened by the growing attacks on queer rights, Brennan shared her thought process behind helping younger members of the community.
“I think my number one thing is to listen to them, to ensure that they know their voice is valuable. That’s the most important thing before giving advice is to listen to their concerns, their needs, their fears, their struggles,” said Brennan.
“They may not be your struggles, but ultimately, as a human being, they’re all of our struggles.”
Brennan brought up PRISM, CAMP’s social group for young LGBTQ+ adults to gather in community and experience new activities with likeminded young adults. This group offers a safe space where members can form connections with one another to build a sense of belonging.
Throughout the interview, Brennan reiterated her admiration for CAMP and the community it has brought to Rehoboth for decades.
“There is no place like CAMP Rehoboth, and what it has done for Rehoboth or what it has done for countless individuals who see it as an escape and a place of freedom, visibility, belonging, and hope,” said Brennan.
Born and raised in Philadelphia, Brennan said that she first visited Rehoboth in 1996 as a young gay person. “I felt at home. I could breathe,” said Brennan. She said that she has been a frequent visitor ever since and bought a house in town three years ago.
Brennan shared how happy she is to have her teenage daughter growing up with Rehoboth in her life. She said that her ideal day in Rehoboth involves going to the beach, trying new food, and enjoying time with her friends and family that live in the area.
As the summer season commences, Brennan shared that there is a plethora of upcoming events for members of the community to attend and enjoy.
Brennan highlighted the CAMP Women’s Golfing League, which is getting started on June 4 with tickets on sale now for CAMP Rehoboth members.
The CAMP Rehoboth Chorus is singing to honor the 250th anniversary of the U.S. on June 19 with tickets on sale now.
This year also marks the 35th anniversary of CAMP, which will be celebrated with Pride in the Courtyard on June 26.
Brennan was excited to promote CAMP’s new partnership with Beebe Healthcare starting this summer. The partnership is designed to expand access to patient-centered health services in downtown Rehoboth Beach.
“Relying on this partnership will be critical to the success of the health of our community,” said Brennan.
Brennan also talked about SUNFESTIVAL, which will be held during Labor Day weekend and will feature David Archuleta as the headliner.
Lastly, Brennan highlighted CAMP’s annual Block Party, which is held each October. “We shut down several streets, we have 100 vendors, and it’s a beautiful way for the whole community to come together to wrap up the summer,” said Brennan.
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