Local
Md. may recognize out-of-state gay marriages
Attorney general issues opinion as D.C. couples prepare to wed
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.
Ganslerās 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 generalās 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.
āYou have asked whether those marriages may be recognized under state law,ā Gansler said in his opinion, which is addressed to Madaleno. āThe answer to that question is clearly āyes.āā
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 āpublic policyā 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 stateās 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 doesnāt 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 stateās āinterestā 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.
āThe Court of Appeals would start from the general principle that a marriage that is valid in the place of celebration remains valid in Maryland,ā he said in his opinion. āThere 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.ā
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 stateās 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.
āWhile 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,ā he says. āIn light of Marylandās developing public policy concerning intimate same-sex relationships, the court would not readily invoke the public policy exception to the usual rule of recognition.ā
In response to a second question raised by Madaleno, Gansler says in his opinion that Maryland Gov. Martin OāMalley 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.
āAn executive order of the governor must be consistent with existing Maryland law, as enacted by the General Assembly and construed by the courts,ā Gansler says.
LGBT rights groups hailed Ganslerās opinion as an important breakthrough for the marriage equality movement.
āToday is a day to celebrate,ā said Morgan Meneses-Sheets, executive director of Equality Maryland, a state LGBT advocacy group.
āEquality 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.ā
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.
āThe 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,ā 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 Ganslerās opinion for āsaying that recognition of out-of-state marriages of same-sex couples is consistent with Maryland law.ā
Susan Sommer, director of the groupās Constitutional Litigation program, said the Gansler opinion āshould 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.ā
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 Ganslerās assessment that valid same-sex marriages from other jurisdictions have full legal standing in Maryland.
āMarylandās typical practice, like all states historically, is to honor marriages rather than destabilize them,ā Wolfson said. āThe 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.ā
While praising Ganslerās 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.
āTodayās opinion by the Maryland Attorney General only continues to further highlight the burdensome patchwork of unequal laws same-sex couples face across the country,ā said Joe Solmonese, president of the Human Rights Campaign. āWith 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.ā
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 Ganslerās opinion would back same-sex marriage recognition.
Maryland Del. Don Dwyer (R-Anne Arundel County), meanwhile, is ādefinitelyā moving ahead with plans to file impeachment papers against Gansler for his same-sex marriage recognition opinion, according to spokesperson Louisa Baucom.
āHis position about the opinion is that Attorney General Gansler had no right to issue the opinion, regardless of what the opinion is ā that his constitutional limitations prohibit that,ā Baucom said.
āHe will be drawing up letters of impeachment against Attorney General Gansler,ā she said, adding that the charges would be based on āviolation of his oath of office.ā
Virginia
Man went on āhomophobic rantā inside Va. pub that displayed Pride flags
Suspect arrested on charges of public intoxication, assaulting police officer
![](https://www.washingtonblade.com/content/files/2024/07/Justin_Wayne_Hendricks_mugshot_insert_courtesy_Fairfax_County_Police_Department.jpg)
The Hawk & Griffin British Pub located in Vienna, Va., posted a message on Facebook last week saying a man was arrested after going on a āhomophobic rantā inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.
āLast night we had an incident here at the pub when a man came off the street to accost patrons in our beer garden because of our flags displayed for pride month,ā the Hawk & Griffin Facebook posting says. āHe then spit on our windows and came inside to confront our staff and patrons with homophobic rants,ā the posting continues.
āOur manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,ā the message says. āWe want to thank the Vienna Police Department for their quick response. We are and will continue to be community focused and we will never stop working to create and maintain a place of inclusion and tolerance,ā the statement concludes.
Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being ādrunk in publicā and providing false identification to a police officer and with a felony count of assault on a police officer. A police spokesperson said Hendricks was also found to be in violation of an outstanding arrest warrant from Alexandria, Va., related to a prior charge of failing to register as a sex offender.
The spokesperson, Juan Vazquez, said Hendricks is currently being held without bond at the Fairfax County Adult Detention Center. Online records for the Fairfax County General District Court show that Hendricks is scheduled to appear at a preliminary hearing on Oct. 9.
āOn Friday, June 28, around 9:28 p.m. the Vienna Police Department responded to reports of an intoxicated individual threatening customers of the Hawk & Griffin,ā a Vienna police statement says. āUpon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,ā according to the statement.
The statement adds that Hendricks was subsequently charged with being drunk in public, providing false information about his identity to police, and assault on a police officer along with being served with the outstanding warrant related to the prior charge in Alexandria of failing to register as a sex offender.
Details of the prior sex offender charge couldnāt immediately be obtained from online court records. However, the online records show that Hendricks has at least a dozen or more prior arrests between 2014 and 2023 on charges including public intoxication, trespassing, and failing to register as a sex offender.
Police spokesperson Vazquez said it would be up to prosecutors with the office of the Fairfax County Commonwealthās Attorney to determine if a subsequent hate crime related charge would be filed in the case.
Virginia
Parades, community events held to mark Pride Month in Va.
Upwards of 30,000 people attended PrideFest in Norfolk on June 22
![](https://www.washingtonblade.com/content/files/2024/06/20240629_Shi-Queeta_Lee_at_Arlington_Pride_insert_c_Washington_Blade_by_Michael_Key.jpg)
Activists across Virginia last month held a series of events to mark Pride Month.
Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June.
Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk.
PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.
Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.
Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.
āYou know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,ā Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.
āIt was a great year,ā he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.ā
State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.
Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond.
Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.
The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state.
Baltimore
Baltimore street named in honor of trans activist
Iya Dammons is founder of support groups Safe Haven in Baltimore, D.C.
![](https://www.washingtonblade.com/content/files/2024/07/20240629_Iya_Dammons_at_street_naming_ceremony_in_Baltimore_insert_courtesy_Iya_Dammons.jpg)
Baltimore city officials and LGBTQ activists participated in a ceremony on June 29 officially dedicating the renaming of a street in honor of transgender woman Iya Dammons, who founded and serves as executive director of the LGBTQ services organization Maryland Safe Haven.
A section of Baltimoreās 21st Street at the intersection of North Charles Street, where the Maryland Safe Haven offices are located, has been renamed Iya Dammons Way.
The ceremony took place six years after Dammons founded Maryland Safe Haven in 2018 and one year after she launched a Safe Haven operation in D.C.in 2023 located at 331 H St., N.E.
A statement on its website says Safe Haven provides a wide range of supportive services for LGBTQ people in need, with a special outreach to Black trans women ānavigating survival modeā living.
āThrough compassionate harm reduction and upward mobility services, advocacy support, and community engagement, we foster a respectful, non-judgmental environment that empowers individual agency,ā the statement says. āOur programs encompass community outreach, a drop-in center providing HIV testing, harm reduction, PrEP, medical linkage, case management, and assistance in accessing housing services,ā it says.
Among those participating in the street renaming ceremony were Baltimore City Council member Zeke Cohen, interim director of Baltimore Mayor Brandon Scottās Office of LGBTQ Affairs Alexis Blackmon, and Dominique Morgan, an official with the national foundation Borealis Philanthropy, which provides financial support for transgender supportive nonprofit organizations, including Safe Haven.
āThis is a significant achievement and historic moment for our city,ā a statement by Maryland Safe Haven announcing the ceremony says. āIya Dammons has been a tireless advocate for transgender rights and has worked tirelessly to provide safe spaces and resources for transgender individuals in our city,ā it says. āThis honor is well-deserved, and we are thrilled to see her contributions recognized in such a meaningful way.ā
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