As the Baltimore Sun reports, and most of Maryland has heard, Maryland voters made history on Election Day as they voted to make same-sex marriage legal in our State. As we discussed in our February 24, 2012 blog the Maryland Senate passed the Civil Marriage Protection Act legalizing same-sex marriage in February 2012, but we knew that the decision would ultimately be up to the voters. After months of campaigning, fundraising and controversy over the law, the voters have spoken. Maryland has joined six other states and Washington D.C. in allowing same-sex marriage and is one of only two States to pass same-sex legislation by the popular vote.
As of January 1, 2013, same-sex couples will be permitted to obtain a marriage license from the Court, just as a heterosexual couple would. As of now the current law defining a legal marriage in Maryland, found at Maryland Code Family Law, § 2-201 states “[o]nly a marriage between a man and a woman is valid in this State.” As of January 1, 2013 the statute will read “[o]nly a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State.”
We have previously blogged about the issues that surround the recognition of same-sex marriages in Maryland, specifically the Attorney General’s support of recognizing same sex marriages created validly in other states and Maryland lawmakers attempt to block gay marriages. Most recently we discussed the Court of Appeals recently heard arguments on the denial of a same sex divorce in Prince George’s County. The Court of Appeals issued its decision in May 2012 holding “[a] valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to the applicable statues, reported cases, and court rules of this state.”
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