Attorney General Douglas F. Gansler is exploring whether same-sex marriages performed in other states can be recognized in Maryland, a move that could open an avenue for legal recognition of gay and lesbian couples who have been rebuffed by the courts and legislature here.
The exercise puts Gansler - a Democrat and vocal proponent of same-sex marriage - in a difficult position. Maryland law clearly defines marriage as between a man and a woman, but the state also adheres to a long-standing legal principle that generally acknowledges couples married elsewhere.
Gay-rights activists say the ability to marry would not only strengthen their relationships but confer hundreds of rights, benefits and responsibilities on them, including community property protections, control over funeral arrangements of a spouse and an obligation to pay child support.
For many married same-sex couples living in Maryland, the issue isn't just a legal conundrum but deeply personal.
"In some ways, this could be a back door toward marriage equality," said Del. Heather R. Mizeur, a Montgomery County Democrat who obtained a marriage license with her wife, Deborah, last year in California. "I hold out hope for the day that it's part of our everyday culture here in Maryland, and it's no big deal."
The debate comes after New York Gov. David A. Paterson, a Democrat, signed an executive order last year directing state agencies to recognize same-sex nuptials performed in other jurisdictions.
The District of Columbia did the same through legislation passed by the City Council and signed by Mayor Adrian Fenty this month.
The gay-marriage movement has been building nationwide but so far has been stymied in Maryland.
While Gov. Martin O'Malley and the General Assembly have extended a number of rights and benefits to gay and lesbian couples, they have stopped short of endorsing same-sex unions. The Democratic governor has said he would prefer that the state adopt civil unions.
"You can't understate the significance of being married," said Sen. Richard S. Madaleno, a Montgomery County Democrat who is openly gay and requested the attorney general's opinion. "People in our state get married every day, and to be denied the ability to do that is very dispiriting."
Gansler's office is expected to issue an opinion in the coming weeks. Spokeswoman Raquel Guillory declined comment while the matter is being researched.
