By DANA AMIHERE
Capital News Service
An opinion released Thursday by the Maryland attorney general’s office said that same-sex couples can obtain marriage licenses as soon as Gov. Martin O’Malley “formally proclaims” the which he is expected to do on or about Dec. 6.
The law, and therefore the licenses, will not be effective until Jan. 1.
Attorney General Douglas Gansler answered other questions about the implementation of Maryland's same-sex marriage law in a 19-page opinion.
Gansler and Chief Counsel Adam Snyder found that postdating the licenses’ effective date doesn’t impose an unconstitutional waiting period on same-sex couples because it’s the ceremony, not the license, that validates the marriage.
The attorney general’s opinion came in response to questions from circuit court clerks from around the state in the wake of voter approval of same-sex marriage. Same-sex marriage was passed by the legislature during this year’s session, but opponents petitioned the law to a referendum.
Voters also approved same-sex marriage in Maine and Washington, and rejected a constitutional ban on same-sex marriage in Minnesota.
Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont and the District of Columbia also issue same-sex marriage licenses.
The opinion left the wording of same-sex marriage vows, including the traditional “man and wife” pronouncement, to the discretion of the administrative judge. It recommended, however, that judges defer to the couples themselves as to how they will be referenced in their vows.
The opinion also addressed the gray area created by civil unions –– especially those performed in states that grant all the same rights and responsibilities of marriage.
Vanessa Bowling with Equality Maryland -- a lesbian, gay, bisexual and transgender civil rights organization -- said the group has been receiving a lot of questions about out-of-state and out-of-country marriage licenses.
Even if one or both parties is engaged in a civil union in another state, with each other or a different person, a license can still be issued in Maryland, said Alan Brody, deputy communications director for the attorney general’s office.
While the courts may rule differently later, the opinion deals solely with the issue of licensing.
Capital News Service’s Rachael Pacella contributed to this report.
There are many reasons for disagreement........all opinions should be respected.
who are gay but I can not and will not vote against my principles or my conscience!
I don't mean to sound uncaring, cause I'm not. I'm just not an expert on Thomas' experiences. Beliefs are beliefs and all must be respected as long as they do not endanger the lives of others. I can't speak as to the mind-set of those against this law, it could be as many different angles as the people themselves. Each is entitled to their opinion and each opinion is valid. To simply disregard a segment of society's viewpoints for any reason is equally troubling.............that's just my opinion and you know what they all say about opinions :) Disagree & respect..........do ya think it's possible??
It seems a lot of people who are "opend minded" are so as long as it fits their political view, but when a differing opinion comes up they shut down and do the very thing they are acccusing others of doing. If you want to expand rights, expnad ALL rights, not just the ones you think are justified.
I can't say what Thomas was thinking, nor can you. You can offer an opinion as I did on what he "typed". I'm saying that folks should not be automatically called "bigots".....that's all............nothing sinister, nothing controversial, no agenda, not forcing my viewpoint on anybody, not trying to demean anyone....
Thank you, that's really all I was trying to say....... I agree totally with your statement.
I don't think I'm a bigot for demonizing those who disagree with me because in order for their argument to hold any water, gays would have to be banging down the door demanding a religious right - and we're not. We are asking for equal rights and privileges under the law, not religion, so any religious argument against that (something many of our elected officials are awkwardly fond of presenting regardless of the fact that that is not their job) is, to me, a bigoted argument. Straight people chose to intermingle law and religion, the gays didn't. Present me with an argument regarding the legality of gay marriage and I will have a conversation with you; claim that it's against your religion or you just don't agree with it...and I'll say tough, we're a nation of laws.
Personally, I most certainly voted for SSM and am very proud of Maryland.
The flip side of this might be the use in todays world such "superstar", "idol" and other superlatives. We creat many false enemies false heroes by making these mistakes.