“Maryland will continue to recognize valid out-of-state same-sex marriages as we continue to strengthen the Constitution’s promise of equal protection under the law,” said Gansler. “It is an affront to the idea of basic human rights that the battle for full marriage equality in this country remains in headlines and courtrooms.”
Gansler told the Washington Blade his office on Thursday received a call from a gay Maryland couple who married in Utah about whether the state would recognize their union.
Human Rights Campaign President Chad Griffin on the same day urged him and attorneys general in the 17 other states that have extended marriage rights to gays and lesbians to recognize the marriages of the more than 1,300 same-sex couples who exchanged vows after U.S. District Court Judge Robert Shelby struck down the Beehive State’s gay nuptials ban. The U.S. Supreme Court on Jan. 6 blocked any future same-sex marriages from taking place in Utah until the case is resolved.
“Should any of these couples be residents of, travel through, or relocate to your state, there is simply no reason to treat their marriage differently from any other,” wrote Griffin.
HRC spokesperson Fred Sainz described Gansler’s announcement to the Blade as “another win for justice, dignity and equality.”
U.S. Attorney General Eric Holder earlier on Friday announced the federal government will recognize same-sex marriages performed in Utah between Dec. 20 and Jan. 6. This announcement came two days after Utah Gov. Gary Herbert said his state would not recognize the aforementioned unions pending the outcome of his administration’s appeal of Shelby’s ruling.
Gansler in 2008 became the first statewide official to back marriage rights for same-sex couples in Maryland when he testified in support of gay nuptials during a state Senate committee hearing. He wrote an opinion in 2010 that said Maryland would recognize same-sex marriages legally performed in other jurisdictions.
“We’ve just said of course based on our previous opinion, we of course would welcome those couples here,” Gansler told the Blade. “Public policy would dictate that least in those 18 states (in which nuptials for gays and lesbians are legal) the marriages from Utah would be recognized.”
Gansler added he hopes the Supreme Court will agree to hear the Utah case and determine whether the denial of marriage rights to same-sex couples is constitutional.
“The hope is that this Utah case would be taken at the Supreme Court, which issued the injunction,” he told the Blade. “Staying the decision is indication the Supreme Court would take the case and finally put to rest the issue of whether or not the prohibition of same-sex marriage is constitutional. And clearly it’s not.”
Gansler is currently running to succeed Maryland Gov. Martin O’Malley.
He will face Lieutenant Gov. Anthony Brown and state Del. Heather Mizeur (D-Montgomery County) in the Democratic primary in June.