Maryland recognizes out-of-state gay marriages

Dwyer threatens impeachment after attorney general's opinion

By LIAM FARRELL, Staff Writer

Capital Gazette Communications

Published 02/25/10

A state attorney general's opinion allowing the recognition of gay marriages performed in other states has sparked cheers from supporters and outrage from opponents, with one Anne Arundel County delegate vowing to impeach Attorney General Douglas Gansler.

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Gansler's opinion was sent Tuesday to Sen. Richard Madaleno, D-Montgomery, who had asked whether the state could recognize same-sex marriages legally performed in other jurisdictions.

The attorney general wrote, "The answer to that question is clearly 'yes.' "

Gansler told reporters yesterday the opinion essentially allows state agencies to...

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Delegate Dwyer seems confused - 2010-02-26 01:29:35

Delegate Dwyer not only seems confused about the effect of an Attorney General's opinion, but by his fiery rhetoric and threats of impeachment appears to want to make others as confused as he is.

Opinions of the Attorney General are advisory only; they do not have the force and effect of the law; and they are limited to the questions presented by the official or officials requesting the opinion. Further, the opinions may be changed or recalled due to subsequent court decisions and/or legislative enactments. As the chief legal officer of the State, the Attorney General is responsible for rendering opinions to governmental entities and officers only, and not to private individuals.

While these opinions do not generally have the same legally binding effect as a court decision, they are helpful in guiding the actions of public officials and are often accorded substantial deference by the courts.

As stated in the memo, the memo is not itself the law of Maryland in the same sense as a statuteor court decision... Rather it is an interpretation of the statutory or common law that can guide a client agency and may be persuasive to a court reviewing agency action based on the opinion. ... the opinion is a prediction, not a prescription, as to the how the [state] Court would approach this issue under current law.

If the question asked by Senator Madaleno was "could the state recognize same-sex marriages legally performed in other states" and the answer was "yes" all that means is that in his opinion current Maryland law does not prohibit such recognition. The AG by his opinion can't mandate anything, all he did was advise his client; and that is exactly what he is supposed to do.

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Debra Myers - Annapolis, MD - Karma: Good

Gary - 2010-02-25 16:52:55

Oh how so? Like what was he referencing? I would love to know what he had to say to you in that email.

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R. Rogers - Harwood, MD - Karma: Terrible

Bud Blogger - 2010-02-25 15:23:32

District 31 has the representative it freely chose and thus deserves.

BTW..Dwyer has no College Degree and he ain't be hindered by none of dat book learnin'. .

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Fred Shubbie - annapolis , md - Karma: Terrible

Dwyer - 2010-02-25 15:11:16

Go ahead and send Dwyer an e-mail.

Maybe you'l get a scripture-laced return response like I did.

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Gary Johnson - Annapolis, MD - Karma: Neutral

Law 101A - 2010-02-25 14:05:24

The Full Faith and Credit Clause forces states to makes it non-discretionary for states to accept judgments from out of state. That is not what we are dealing with here. Gansler is not suggesting that we are compelled to accept out of state same-sex marriages pursuant to Article IV, Section 1 of the United States Constitution, this opinion simply states that we can, if we so choose, accept same-sex marriages under our current laws.

In the end, this is just and opinion and means nothing without actual judicial opinion or legislative action.

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R V - , - Karma: Neutral

Dwyer's Priorities - 2010-02-25 13:53:35

For the record, I am a Doug Gansler supporter, although I strongly disagree with his latest ruling. That said, as a District 31 resident, I expect my Delegates/Senator to focus on more relevant matters. After all, the state must once again trim it's budget. In a perfect world, our representatives would have input in this important issue.

Locally, I saw state roads here in Pasadena go unplowed for days. Likewise, pot holes have surfaced all along these byways. Speaking of which, since he took office what has Don Dwyer done to ease traffic congestion in this area? I guess Dr. Strangelove can't be bothered with these trivial concerns because he's too preoccupied with homosexuals. Really, he's little more than a one trick pony.

Keep in mind, Dwyer engages in battles he cannot win. Does he truly believe the Maryland legislature will impeach the Attorney General over this issue? In reality, his latest idea will just waste valuable time and taxpayer money. Meanwhile, District 31 will continue to have the same problems as yesterday.

It's time to retire Don Dwyer. If someone doesn't step in the primary, then Mike Busch needs to pony up some money in the general. Make no mistake, his failure to drop money into District 31 back in 2006 essentially gave Don Dwyer a second term. Hopefully, he will not make that mistake again.

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Bud Blogger - Pasadena, MD - Karma: Neutral

Dwyer is irresponsible!! - 2010-02-25 13:38:57

With all the important business that is facing the legislature, Dwyer wants to "impeach" the Attorney General for an opinion based in Law and principle. Dwyer will waste time and and more importantly taxpayer dollars on this common sense opinion. Marriage is a legal contract and it is correct to respect "legal contracts" across state lines. Gansler's opinion is in keeping with that principle.

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Maryellen Brady - Edgewater, MD - Karma: Bad