Gay Marriage in Maryland

Maryland Gov. Martin O’Malley (D) signed a bill in March to make same-sex marriages legal in the state after the contentious legislation narrowly passed the Maryland House of Delegates and the Senate a week later. The law would change the current definition of marriage in Maryland, which defines it as between a man and woman. Considered a legal victory by gay couples living in the state, the law is already being challenged and may go to voters in November. 

A petition drive sponsored by the Maryland Marriage Alliance aims to gather enough signatures to put the issue on the November ballot. The alliance is composed of religious groups and is linked to the National Alliance of Marriage, a group that fights same-sex marriage legislation efforts in other states. If the petition drive fails, Maryland’s gay marriage law goes into effect Jan. 1, 2013.

The 33-year-old Maryland marriage law was challenged in 2006 and upheld by the Maryland Supreme Court in 2007. That set the stage for the introduction of bills to officially change wording in the law to allow same-sex marriages. Maryland senators voted for legislation in 2010 to permit gay marriage, but the bill died in the House. This year, the bill passed the house by a narrow 72-62 vote. Seven gay legislators who currently serve in the House of Delegates pushed for passage of the bill during debates marked by emotional testimony from gay couples. 

A clause in the legislation permits religious institutions the freedom to perform gay marriages or opt out if they prefer. This clause was added to address arguments that permitting same-sex marriage in the state takes away religious freedom. Similar clauses to address religious concern were added in seven other states that allow gay marriage. 

Current law in the state does not permit common law marriage, but does allow cousins to wed. Couples under the age of 18 can marry with parental consent. If a woman is pregnant or has a child, consent might be waived. No blood test is required, and there is a 48-hour waiting period after obtaining a marriage license. A discount on the cost of a marriage license is offered for couples who attended pre-marital preparation classes, and the license is only valid in the country where it was obtained. 

Maryland Marriage Laws: What the State Constitution says…

Only a marriage between a man and a woman is valid in this State.