In Brief

Staff Reports

Maryland High Court Grants Same-Sex Divorce Appeal

ANNAPOLIS, MD. -- In a 21 page ruling issued Friday, the Maryland Court Of Appeals ruled that same-sex couples married out of state are legally allowed to ask for a divorce in the state even though Maryland does not yet permit same-sex marriages. In the unanimous decision, the justices wrote: “A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to the applicable statutes, reported cases, and court rules of this state."

The case brought before the court involved two women who were married in California during the time period when same-sex marriage was legal in 2008 and who were denied a divorce in 2010 by Prince George’s County General District Court Judge A. Michael Chapdelaine.

According to the Associated Press, Jessica Port, one of the parties in the divorce case, said the ruling made her two-and-a-half year legal battle worth the trouble. “This is a huge step for gay rights and same-sex marriage in Maryland,” she said. Michele Zavos, Port’s attorney, cheered the ruling, because now Maryland will at least recognize same-sex marriages from other states, regardless of the outcome of a referendum, even if opponents successfully get enough signatures to put the law on the ballot and it is overturned by voters.

“Maryland’s referendum laws cannot overturn a Court of Appeals decision,” Zavos said. “That decision can only be overturned by the Legislature, and given the Legislature passed marriage, I think that we can expect that this decision will remain the law of Maryland.”

Unlike other states, Maryland has no ban on recognizing same-sex marriages from other jurisdictions. In 2010, state Attorney General Doug Gansler issued an opinion that said out-of-state, same-sex marriages may be recognized under Maryland law. As a result, state agencies have extended benefits to same-sex spouses of state employees and issued birth certificates that recognize the same-sex spouse of a woman who gives birth as a parent. 

Gansler said Friday the unanimous ruling marked another step in the evolving acceptance of same-sex marriage.  “This is another example of that,” Gansler said. 

The ruling may have limited effect because same-sex weddings, and by extension divorces, are set to start in the state in January. However, opponents of the law passed this year hope to force a November voter referendum that could overturn it. Opponents will need to collect nearly 56,000 signatures by the end of June to put the question on the ballot. ~ The Associated Press

Six states and the District of Columbia currently have same-sex marraige. The states are Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont. Lawmakers in Washington state have also passed a law permitting same-sex couples to marry, but it doesn’t take effect until June and could be put on hold by a proposed voter referendum seeking to overturn the law.