Same-sex marriage in Maryland
Encyclopedia
The U.S. state of Maryland
does not currently perform same-sex marriage
. In 2004, supporters of same-sex marriage filed a lawsuit
, Deane & Polyak v. Conaway, which sought to allow these unions to occur in the state. The Maryland Court of Appeals
, the state's highest court, heard oral arguments on December 4, 2006, and ruled against the plaintiffs on September 18, 2007, leaving the legal ban on same-sex marriage in place.
In recent sessions of the Maryland General Assembly
, legislators opposed to same-sex marriage have attempted, without success, to enact an amendment
to the state constitution
that would prohibit same-sex marriage regardless of the outcome of the lawsuit. However, in 2008 the General Assembly did pass two bills establishing a limited form of domestic partnership
in the state. An effort to legalize same-sex marriage through the General Assembly in 2011 failed after several weeks of debate.
Since 2008, the state has recognized certain legal protections that apply to domestic partners, defined as adults (of the same or opposite sex) in "a relationship of mutual interdependence" who are not related by blood and who are not in a marriage, civil union, or domestic partnership with anyone
else. These protections include rights to hospital visitation and to make funeral arrangements for each other; in addition, a domestic partner's name can be added or removed from the deed of a residence without incurring a tax liability, as with married spouses.
The state does not have any form of domestic partnership registry, so couples may be required by officials or facilities to prove that their partnership exists by providing a sworn affidavit along with two other documents enumerated in the law, such as evidence of a joint mortgage, checking account, or insurance coverage, among others.
, in partnership with Equality Maryland
, filed a lawsuit (Deane & Polyak et al. v. Conaway et al.) on behalf of nine same-sex couples and one man whose partner had recently died. The plaintiffs had applied for marriage licenses in several Maryland jurisdictions, but their applications were denied by the respective county clerks, who are named as the defendants in the case. In their complaint, the plaintiffs asserted, among other things, that the state's prohibition of same-sex marriage violated Article 46 of the Maryland Declaration of Rights, which prohibits discrimination based on sex.
On August 30, 2005, oral arguments from each side were presented to Baltimore
Circuit Court
Judge
M. Brooke Murdock. On January 20, 2006, Murdock ruled in favor of the plaintiffs, writing that "Maryland's statutory prohibition against same-sex marriage cannot withstand this constitutional challenge. Family law §2-201 violates Article 46 of the Maryland Declaration of Rights because it discriminates, based on gender against a suspect class, and is not narrowly tailored to serve any compelling governmental interests."
Judge Murdock immediately stayed the decision pending an appeal
by the office of the Maryland Attorney General
. On July 27, 2006, the Maryland Court of Appeals, the state's highest court, agreed to hear the appeal directly, bypassing an intermediate court. Oral arguments were heard on December 4, 2006.
On September 18, 2007, the Court of Appeals ruled against the plaintiffs in a 4-3 decision, leaving the statutory ban on same-sex marriage in place.
groups hailed Judge Murdock's decision, opponents of same-sex marriage reacted by stepping up efforts to prevent legal recognition of such unions. Legislators opposed to same-sex marriage, led by Delegate Don Dwyer
, have introduced several measures since the lawsuit was filed.
One such proposed amendment, HB 48, was rejected by the Judiciary Committee of the Maryland House of Delegates
on February 2, 2006. Prior to the vote, some committee members, who opposed the bill, amended it to create civil unions while banning same-sex marriage. This resulted in a unanimous committee vote to reject the proposed constitutional amendment. Other amendment proposals (such as SB 262 and SB 690) were also introduced in 2006, but none were passed out of committee before the session came to an end in April.
Two similar proposals (SB 564 and HB 919) were introduced in the 2007 legislative session; once again, neither of them was passed out of committee. The latter amendment, which would have also banned the discussion of same-sex unions in schools, was defeated in the Judiciary Committee by a vote of 12-8 on March 22.
in the Maryland General Assembly to impeach Judge M. Brooke Murdock, charging her with "violating the public trust, abuse of power, incompetence, willful neglect of duty, and misbehavior in office" for her Circuit Court decision in favor of same-sex marriage. Dwyer's resolution was defeated by a 19–3 vote in the Judiciary Committee on March 10. Dwyer has also announced an intention to initiate impeachment proceedings against Attorney General Gansler, in reaction to Gansler's legal opinion finding that same-sex marriage could be recognized in Maryland.
of Mount Rainier were expected to submit a bill during the 2008 session to legalize same-sex marriage in Maryland.
Britt died on January 12, 2008
. On January 25, 2008, House Bill 351 was introduced to amend Section 2-201 to define marriage as between "two people, not otherwise prohibited from marrying." A bill in the Senate was also introduced by Senators Richard Madaleno
and Jamie Raskin
in Britt's place. Roughly one quarter of each chamber has signed on as cosponsors of the bill. If passed, it would have become effective October 1, 2008. The House bill was heard by the House Judiciary Committee on February 28, 2008. The hearings were taped by Maryland Public Television
.
Equality Maryland
held a rally in support of the bills on February 11, 2008.
According to the General Assembly's own summary of SB 597, domestic partners are defined in that state as adults (same-sex or different-sex) in "a relationship of mutual interdependence" who are not related by blood and who are not in a marriage, civil union, or domestic partnership with anyone else.http://mlis.state.md.us/2008rs/fnotes/bil_0006/sb0566.pdf The law did not establish a domestic partnership registry, so couples may be required by officials or facilities to prove that their partnership exists by providing a sworn affidavit along with two other documents enumerated in the law, such as evidence of a joint mortgage, checking account, or insurance coverage, among others.
The two bills were signed into law by Governor Martin O'Malley
on May 22, and came into effect on July 1, 2008.
, a Catholic, stated that would sign it, against the urges of Archbishop of Baltimore Edwin Frederick O'Brien
, who wrote to O'Malley asking him to resist pressure to legalize same-sex marriage. On February 24, 2011, the bill passed the Senate by a 25-21 vote. The State Senate was thought to be the biggest obstacle to the bill, but it encountered opposition in the State House from black Democratic lawmakers from Prince George's County, who cited religious objections, and conservative Democrats from southern Maryland and the Baltimore
suburbs. About a third of the chamber's 98 Democrats opposed the bill. The debate pitted openly gay lawmakers against activists from the civil rights era. Delegate Emmett C. Burns, Jr.
said: "If you want to compare same-sex marriage to civil rights as I know it, show me the Ku Klux Klan that invaded your home." Several delegates who originally co-sponsored the bill began to express doubts after being lobbied by church-going constituents , including Tiffany Alston
, who delayed the bill's vote in the Judiciary Committee by skipping the voting session. The bill passed the committee after its chairman, who rarely votes in committee, voted for it. The House Majority Whip opposed the bill. On March 11, 2011, the House voted to send the bill back to committee and will not reconsider it before January 2012. Proponents plan to bring it up again in 2012 and opponents have expressed the desire to put the issue up for a referendum
if it passes.
, Doug Gansler
, issued an opinion that Maryland law could recognize same-sex marriages performed in other U.S. states which permit same-sex marriage
. According to Attorney General Gansler, the opinion is binding on state agencies effective immediately.
On June 23, 2011, a Washington County
judge recognized the marriage of a same-sex couple legally married in Washington, D. C., allowing one spouse to invoke spousal privilege and refuse to testify against the other spouse in a criminal case.
A February 2011 poll commissioned by the National Organization for Marriage
and carried out by Gary Lawrence
, a former Latter-day Saints bishop with no degree in statistics, found that 54 percent of Maryland voters believe "marriage should only be between a man and a woman" and 37 percent of those polled disagreed. Eric Hartley of The Capital
described this poll as a push poll
intended to influence responders to give answers desired by the National Organization for Marriage. It is worth noting that the stated methodology mentions no normalizing tests
, and respondents were found by auto-dialing random digits until they reached a sufficient number of registered voters, rather than taking a statistical cross-section of Maryland's electorate.
Grove Insight found on that 49% of Marylanders supported civil marriage for lesbian and gay couples, 41% were against, and 10% were undecided.< Also according to the polling results, 35% of Marylanders would vote to repeal same-sex marriage in a statewide referendum, while 52% would support retaining marriage for gay and lesbian couples. The remainder were undecided. The results were published on February 21, 2011.
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
does not currently perform same-sex marriage
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
. In 2004, supporters of same-sex marriage filed a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
, Deane & Polyak v. Conaway, which sought to allow these unions to occur in the state. The Maryland Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
, the state's highest court, heard oral arguments on December 4, 2006, and ruled against the plaintiffs on September 18, 2007, leaving the legal ban on same-sex marriage in place.
In recent sessions of the Maryland General Assembly
Maryland General Assembly
The Maryland General Assembly is the state legislature of the U.S. state of Maryland. It is a bicameral body. The upper chamber, the Maryland State Senate, has 47 representatives and the lower chamber, the Maryland House of Delegates, has 141 representatives...
, legislators opposed to same-sex marriage have attempted, without success, to enact an amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the state constitution
Maryland Constitution
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been...
that would prohibit same-sex marriage regardless of the outcome of the lawsuit. However, in 2008 the General Assembly did pass two bills establishing a limited form of domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
in the state. An effort to legalize same-sex marriage through the General Assembly in 2011 failed after several weeks of debate.
Current law
Maryland Family Law, Section 2-201, provides that "[o]nly a marriage between a man and a woman is valid in the state".Since 2008, the state has recognized certain legal protections that apply to domestic partners, defined as adults (of the same or opposite sex) in "a relationship of mutual interdependence" who are not related by blood and who are not in a marriage, civil union, or domestic partnership with anyone
else. These protections include rights to hospital visitation and to make funeral arrangements for each other; in addition, a domestic partner's name can be added or removed from the deed of a residence without incurring a tax liability, as with married spouses.
The state does not have any form of domestic partnership registry, so couples may be required by officials or facilities to prove that their partnership exists by providing a sworn affidavit along with two other documents enumerated in the law, such as evidence of a joint mortgage, checking account, or insurance coverage, among others.
Conaway v. Deane & Polyak
On July 7, 2004, the American Civil Liberties UnionAmerican Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, in partnership with Equality Maryland
Equality Maryland
Equality Maryland is a non-profit organization formerly headquartered in Silver Spring, Maryland, now based in Baltimore. Its activities focus on advocacy and education with regard to a number of LGBT social and political movements...
, filed a lawsuit (Deane & Polyak et al. v. Conaway et al.) on behalf of nine same-sex couples and one man whose partner had recently died. The plaintiffs had applied for marriage licenses in several Maryland jurisdictions, but their applications were denied by the respective county clerks, who are named as the defendants in the case. In their complaint, the plaintiffs asserted, among other things, that the state's prohibition of same-sex marriage violated Article 46 of the Maryland Declaration of Rights, which prohibits discrimination based on sex.
On August 30, 2005, oral arguments from each side were presented to Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
Circuit Court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
M. Brooke Murdock. On January 20, 2006, Murdock ruled in favor of the plaintiffs, writing that "Maryland's statutory prohibition against same-sex marriage cannot withstand this constitutional challenge. Family law §2-201 violates Article 46 of the Maryland Declaration of Rights because it discriminates, based on gender against a suspect class, and is not narrowly tailored to serve any compelling governmental interests."
Judge Murdock immediately stayed the decision pending an appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
by the office of the Maryland Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
. On July 27, 2006, the Maryland Court of Appeals, the state's highest court, agreed to hear the appeal directly, bypassing an intermediate court. Oral arguments were heard on December 4, 2006.
On September 18, 2007, the Court of Appeals ruled against the plaintiffs in a 4-3 decision, leaving the statutory ban on same-sex marriage in place.
Reaction to the lawsuit
While many civil rightsCivil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
groups hailed Judge Murdock's decision, opponents of same-sex marriage reacted by stepping up efforts to prevent legal recognition of such unions. Legislators opposed to same-sex marriage, led by Delegate Don Dwyer
Donald H. Dwyer, Jr.
thumb|rightDonald H. Dwyer, Jr. is an American politician and a Republican serving in the Maryland House of Delegates representing District 31. Del. Dwyer is known for his conservative positions on religious-based issues, including his outspoken opposition to same-sex marriage. Dwyer won...
, have introduced several measures since the lawsuit was filed.
Constitutional amendment
During the 2006 and 2007 sessions of the Maryland General Assembly, legislators opposed to same-sex marriage proposed several amendments to the Maryland Constitution to define marriage as a union between a man and a woman. If enacted, such an amendment would have the effect of keeping the prohibition on same-sex marriage in effect regardless of the outcome of Deane & Polkay v. Conaway or any future lawsuit.One such proposed amendment, HB 48, was rejected by the Judiciary Committee of the Maryland House of Delegates
Maryland House of Delegates
The Maryland House of Delegates is the lower house of the General Assembly, the state legislature of the U.S. state of Maryland, and is composed of 141 Delegates elected from 47 districts. The House chamber is located in the state capitol building on State Circle in Annapolis...
on February 2, 2006. Prior to the vote, some committee members, who opposed the bill, amended it to create civil unions while banning same-sex marriage. This resulted in a unanimous committee vote to reject the proposed constitutional amendment. Other amendment proposals (such as SB 262 and SB 690) were also introduced in 2006, but none were passed out of committee before the session came to an end in April.
Two similar proposals (SB 564 and HB 919) were introduced in the 2007 legislative session; once again, neither of them was passed out of committee. The latter amendment, which would have also banned the discussion of same-sex unions in schools, was defeated in the Judiciary Committee by a vote of 12-8 on March 22.
Impeachment attempt
On March 7, 2006, Delegate Dwyer introduced a resolutionResolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
in the Maryland General Assembly to impeach Judge M. Brooke Murdock, charging her with "violating the public trust, abuse of power, incompetence, willful neglect of duty, and misbehavior in office" for her Circuit Court decision in favor of same-sex marriage. Dwyer's resolution was defeated by a 19–3 vote in the Judiciary Committee on March 10. Dwyer has also announced an intention to initiate impeachment proceedings against Attorney General Gansler, in reaction to Gansler's legal opinion finding that same-sex marriage could be recognized in Maryland.
1997 legislative session
The Maryland legislature voted down a bill that would have legalized same-sex marriage in the state. In the same session House Bill 398, which would have barred the state from recognizing same-sex marriages performed in other jurisdictions, was defeated in committee.2008 legislative session
State Senator Gwendolyn Britt of Landover Hills and Delegate Victor R. RamirezVictor R. Ramirez
Victor R. Ramirez is the current State Senator for District 47 in Prince George's County, Maryland. He was born in San Salvador, El Salvador, in 1974. His family soon after moved to the United States and he lived in Mount Rainier, Maryland.-Education:...
of Mount Rainier were expected to submit a bill during the 2008 session to legalize same-sex marriage in Maryland.
Britt died on January 12, 2008
2008 in LGBT rights
This is a list of notable events in the history of LGBT rights that took place in the year 2008.-January:* 1 — Civil unions begin in Uruguay and in the U.S. state of New Hampshire.-February:* 4 — Domestic partnerships begin in U.S...
. On January 25, 2008, House Bill 351 was introduced to amend Section 2-201 to define marriage as between "two people, not otherwise prohibited from marrying." A bill in the Senate was also introduced by Senators Richard Madaleno
Richard Madaleno
Richard S. Madaleno, Jr., commonly known as Rich Madaleno, is an American politician from Maryland. A Democrat, he is a member of the Maryland State Senate, representing the state's 18th district in Montgomery County, which includes Wheaton and Kensington, as well as parts of Silver Spring,...
and Jamie Raskin
Jamie Raskin
Jamie Raskin is an American law professor and politician. He teaches at American University, Washington College of Law, in Washington, D.C. He serves as the Director of the college's LL.M. program on Law and Government...
in Britt's place. Roughly one quarter of each chamber has signed on as cosponsors of the bill. If passed, it would have become effective October 1, 2008. The House bill was heard by the House Judiciary Committee on February 28, 2008. The hearings were taped by Maryland Public Television
Maryland Public Television
Maryland Public Television is a non-profit, state-licensed Public Broadcasting Service non-commercial educational public television state network which serves U.S. state of Maryland. Its six transmitters cover nearly all of the state, plus Washington, D.C...
.
Equality Maryland
Equality Maryland
Equality Maryland is a non-profit organization formerly headquartered in Silver Spring, Maryland, now based in Baltimore. Its activities focus on advocacy and education with regard to a number of LGBT social and political movements...
held a rally in support of the bills on February 11, 2008.
Domestic partnership legislation
Although neither of the same-sex marriage bills were passed, the General Assembly did establish a form of domestic partnership in Maryland by the passage of two pieces of legislation, Senate Bill (SB) 566 and SB 597. SB 566 http://mlis.state.md.us/2008rs/fnotes/bil_0006/sb0566.pdf includes 11 protections for domestic partners, including hospital visitation and the making of funeral arrangements for each other; SB 597 http://www.equalitymaryland.org/legislation/tax_exemption_faq.htm allows a domestic partner's name to be added or removed from the deed of a residence, without incurring a tax liability, as with married spouses.According to the General Assembly's own summary of SB 597, domestic partners are defined in that state as adults (same-sex or different-sex) in "a relationship of mutual interdependence" who are not related by blood and who are not in a marriage, civil union, or domestic partnership with anyone else.http://mlis.state.md.us/2008rs/fnotes/bil_0006/sb0566.pdf The law did not establish a domestic partnership registry, so couples may be required by officials or facilities to prove that their partnership exists by providing a sworn affidavit along with two other documents enumerated in the law, such as evidence of a joint mortgage, checking account, or insurance coverage, among others.
The two bills were signed into law by Governor Martin O'Malley
Martin O'Malley
Martin Joseph O'Malley is an American Democratic politician who is currently serving as the 61st Governor of Maryland. Previously, he served as the mayor of Baltimore from 1999 to 2007. He is currently the chairman of the Democratic Governors Association.-Early life, education and career:O'Malley...
on May 22, and came into effect on July 1, 2008.
2009 legislative session
Like the 2008 legislative session, two bills on same-sex marriage faced the legislature. A bill that would have amended the Maryland constitution to ban same-sex marriage died in the House Judiciary Committee with a vote of 13-6-1.2011 legislative session
In 2011, the General Assembly considered a bill to legalize same-sex marriages in the state. Governor Martin O'MalleyMartin O'Malley
Martin Joseph O'Malley is an American Democratic politician who is currently serving as the 61st Governor of Maryland. Previously, he served as the mayor of Baltimore from 1999 to 2007. He is currently the chairman of the Democratic Governors Association.-Early life, education and career:O'Malley...
, a Catholic, stated that would sign it, against the urges of Archbishop of Baltimore Edwin Frederick O'Brien
Edwin Frederick O'Brien
Edwin Frederick O'Brien is an American prelate of the Catholic Church. He is the current Pro-Grand Master of the Equestrian Order of the Holy Sepulchre of Jerusalem since his appointment by Pope Benedict XVI on 29 August 2011...
, who wrote to O'Malley asking him to resist pressure to legalize same-sex marriage. On February 24, 2011, the bill passed the Senate by a 25-21 vote. The State Senate was thought to be the biggest obstacle to the bill, but it encountered opposition in the State House from black Democratic lawmakers from Prince George's County, who cited religious objections, and conservative Democrats from southern Maryland and the Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
suburbs. About a third of the chamber's 98 Democrats opposed the bill. The debate pitted openly gay lawmakers against activists from the civil rights era. Delegate Emmett C. Burns, Jr.
Emmett C. Burns, Jr.
Emmett C. Burns, Jr. is an American politician from Maryland and a member of the Democratic Party. He is currently serving in his 4th term in the Maryland House of Delegates, representing Maryland's District 10 in Baltimore County. Burns is currently a member of the Economic Matters...
said: "If you want to compare same-sex marriage to civil rights as I know it, show me the Ku Klux Klan that invaded your home." Several delegates who originally co-sponsored the bill began to express doubts after being lobbied by church-going constituents , including Tiffany Alston
Tiffany Alston
Tiffany Alston is an American politician who represents district 24 in the Maryland House of Delegates.-Background:Alston was born in Washington, D.C. and grew up in Prince George's County. She attended Seat Pleasant Elementary School, and graduated from Central High School in Capitol Heights,...
, who delayed the bill's vote in the Judiciary Committee by skipping the voting session. The bill passed the committee after its chairman, who rarely votes in committee, voted for it. The House Majority Whip opposed the bill. On March 11, 2011, the House voted to send the bill back to committee and will not reconsider it before January 2012. Proponents plan to bring it up again in 2012 and opponents have expressed the desire to put the issue up for a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
if it passes.
Attorney General's opinion
On February 24, 2010, Maryland's Attorney GeneralAttorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, Doug Gansler
Doug Gansler
Douglas F. "Doug" Gansler is a Maryland politician and Attorney General of Maryland. Gansler won the Democratic nomination in the primary election on September 12, 2006, and beat Republican Scott Rolle in the general election on November 7, 2006...
, issued an opinion that Maryland law could recognize same-sex marriages performed in other U.S. states which permit same-sex marriage
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
. According to Attorney General Gansler, the opinion is binding on state agencies effective immediately.
On June 23, 2011, a Washington County
Washington County, Maryland
Washington County is a county located in the western part of the U.S. state of Maryland, bordering southern Pennsylvania to the north, northern Virginia to the south, and the Eastern Panhandle of West Virginia to the south and west. As of the 2010 Census, its population is 147,430...
judge recognized the marriage of a same-sex couple legally married in Washington, D. C., allowing one spouse to invoke spousal privilege and refuse to testify against the other spouse in a criminal case.
Economic impact
A UCLA study estimated that extending marriage rights to same-sex couples would result in a net gain of approximately $3.2 million each year to the state budget. The study drew on data from the U.S. Census Bureau and Maryland statistical reports. The gain is attributable to savings in expenditures on means-tested public-benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism.Public opinion
According to a January 2011 poll by Gonzales Research & Marketing Strategies 51 percent of Maryland voters support a law allowing same-sex marriage and 44 percent oppose it. Five percent did not respond. The margin of error was 3.5 percentage points.A February 2011 poll commissioned by the National Organization for Marriage
National Organization for Marriage
The National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
and carried out by Gary Lawrence
Gary Lawrence
Gary Lawrence is an American opinion pollster. He received a PhD in communications psychology from Stanford University in 1972. He runs a polling company called Lawrence Research.Lawrence is a Latter-day Saint...
, a former Latter-day Saints bishop with no degree in statistics, found that 54 percent of Maryland voters believe "marriage should only be between a man and a woman" and 37 percent of those polled disagreed. Eric Hartley of The Capital
The Capital
The Capital is a daily newspaper published in Annapolis, Maryland. It serves the city as well as all of Anne Arundel County and neighboring Kent Island in Queen Anne's County. It is an evening newspaper during the week and offers morning delivery on the weekend. Philip Merrill was the publisher...
described this poll as a push poll
Push poll
A push poll is a political campaign technique in which an individual or organization attempts to influence or alter the view of respondents under the guise of conducting a poll. In a push poll, large numbers of respondents are contacted, and little or no effort is made to collect and analyze...
intended to influence responders to give answers desired by the National Organization for Marriage. It is worth noting that the stated methodology mentions no normalizing tests
Normalization (statistics)
In one usage in statistics, normalization is the process of isolating statistical error in repeated measured data. A normalization is sometimes based on a property...
, and respondents were found by auto-dialing random digits until they reached a sufficient number of registered voters, rather than taking a statistical cross-section of Maryland's electorate.
Grove Insight found on that 49% of Marylanders supported civil marriage for lesbian and gay couples, 41% were against, and 10% were undecided.< Also according to the polling results, 35% of Marylanders would vote to repeal same-sex marriage in a statewide referendum, while 52% would support retaining marriage for gay and lesbian couples. The remainder were undecided. The results were published on February 21, 2011.
See also
- LGBT rights in MarylandLGBT rights in MarylandLesbian, gay, bisexual, and transgender persons in the U.S. state of Maryland face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Maryland...
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinionSame-sex marriage in the United States public opinionPublic opinion on same-sex marriage in the United States has been tracked by polling data for well over a decade. As of the year 2010, polls provide differing answers to the question of how the majority of Americans view same-sex marriage, although it is clear that support for same-sex marriage...
- Same-sex marriage status in the United States by stateSame-sex marriage status in the United States by stateSame-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts became the first state to legalize...
- List of benefits of marriage in the United States
- Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
- Marriage Protection ActMarriage Protection ActThe Marriage Protection Act is a bill in the United States Congress to amend the federal judicial code to deny federal courts jurisdiction to hear or decide any question pertaining to the interpretation of the Defense of Marriage Act or the MPA...
- Respect for Marriage ActRespect for Marriage ActThe Respect for Marriage Act, or RFMA , is a proposed bill in the United States Congress that would repeal the Defense of Marriage Act and allow the U.S. federal government to provide benefits to couples in a same-sex marriage; the bill would not compel individual states to recognize same-sex...
- U.S. state constitutional amendments banning same-sex unions
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- Domestic partnerships in the United StatesDomestic partnerships in the United StatesIn the United States of America, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the 1,138 rights afforded to...
- Freedom to MarryFreedom to MarryFreedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
- History of civil marriage in the U.S.History of civil marriage in the U.S.Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.-1800–1899:...