Articles Tagged with same-sex marriage

On November 30, 2012 we blogged about the Attorney General’s Opinion on the issuance of same sex marriage licenses and when the clerks could issue same. It appears that the clerks have followed the guidance of his Opinion as the first licenses were issued Thursday, December 6, 2012 as reported by the Baltimore Sun. Although the couples will not be able to wed until January 1, 2013, the Clerks of most Courts around the State have issued the licenses as of Thursday. As reported, Harford County and Prince Georges County are still working out some logistics, but will soon offer the licenses to same sex couples as well. While January 1, 2013, is a holiday and most courthouses would normally be closed, some are now considering opening to allow the couples to wed on their first available day to do so.
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As we explained in our “How to Get Married Guide for Same Sex Couples” blog on November 8, 2012, same sex couples will be permitted to marry in Maryland as of January 1, 2013. However, couples will need to obtain a marriage license from the court prior to doing so, and will have to wait 48 hours before they can act on the license. So the question becomes, when will same-sex couples be eligible to obtain the license, given that January 1 is a court holiday. The Attorney General, Doug Gansler released on 19 page opinion on Thursday, November 29, 2012 as reported by WJZ. Attorney Gansler states that the “court clerks may begin issuing marriage licenses after the law is formally proclaimed to have been approved by the voters” on December 6, 2012. However, Attorney Gansler cautions that the clerk could choose not to issue the licenses until January 2, 2013.
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Effective January 1, 2013 same-sex couples will be allowed to marry in the State of Maryland. So how do they go about doing so? Find our step by step guide below:

1. Prior to obtaining a marriage certificate or making plans for a wedding, consider whether you and your partner will enter into a pre-nuptial agreement. If so, consult with an attorney. Maryland divorce and custody laws may apply if you get divorced, so it is important to know if you have pre-marital or other assets you want/need to protect in the event of divorce.

2. If you have children, consult with an attorney about how your marriage may or may not effect the custody of your child(ren) if you divorce.

3. You need to obtain a marriage license from the Circuit Court in the county in which you plan to get married.

4. You will need to bring identifying information with you to obtain the license and while only one of you will need to be present to obtain the license, you will need the following information for each applicant:

-Name – Age – Birth Date – State or Country of Birth – Current Address – Social Security Number
5. If either you or your partner has been previously divorced or widowed you will need the exact date of death or dissolution and in some counties you may need proof of same. Again, check with the courthouse of the county in which you will be married.

6. You will need to pay to obtain the license. This varies by county so check prior to visiting the courthouse, but it will range between $35.00 to $60.00. Make sure to verify what forms of payment are accepted.

7. You will not be able to get married for 48 hours after you obtain the license and you must get married within 6 months of obtaining the license.

8. You can use the certificate to be married in a civil or religious ceremony of your choosing.

9. Get married!
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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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As the Baltimore Sun reports, Thursday night, February 23, 2012, the Maryland Senate passed Govern Martin O’Malleys’ bill to legalize same-sex marriage in Maryland. We blogged on June 28, 2011 that New York had passed the law allowing same sex couples to wed, making it the 6th state to do so. Maryland is now the 8th state to approve same sex marriages. While it is a victory for supporters of the bill, many believe that the law will likely be up to the voters in November. If the law is passed by the voters, it will be effective in January 2013.

As expected the church has voiced their disapproval of the bill’s passing. The Maryland Daily Record reports that Baltimore’s Cardinal O’Brien states that the bill “threatens families.” He has pledged that the Baltimore Archdiocese will work to overturn the law and likely will be a key proponent in making sure the voters have a say in November.

We discussed the potential of this bill passing last February and discussed the changes we may see in the area of family law as a result of the law. As stated in the blog, the law will affect custody and visitation law, as now same-sex couples who marry and adopt a child will both be the legal parents of the child; pre-nuptial agreements; and same sex divorces.
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On June 24, 2011 New York passed the law allowing same sex couples to wed in their state. New York is the sixth state to allow same-sex couples to wed, following Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington D.C. Like the bill that was proposed, but failed, earlier in Maryland this year, the law in New York will call for religious exemptions, meaning that there will be strong protections in place for religious groups that oppose gay marriages. New York does not have a residency requirement for marriage, so commencing July 24, 2011 it is predicted the state will see a lot of same sex couple weddings.

The legislation pending to allow same-sex couples to marry is scheduled for a final vote this Friday, March 11, 2011 in the Maryland House of Delegates as reported by the Baltimore Sun. The legislation has already passed the Maryland Senate and the House Judiciary Committee. The passage of the bill, if signed by the Governor, would allow same-sex couples to marry in the State of Maryland. The passage of this bill would not afford same-sex couples who chose to marry more rights than those of their heterosexual counterparts. The bill would solely extend the civil protections already afforded to married couples to same-sex couples who chose to marry.

As the Baltimore Sun reports, the Maryland Senate approved the Civil Marriage Protection Act on Thursday, February 25, 2011, which would allow same-sex couples to wed. Although the House of Delegates still needs to pass the Act, the Senate’s passage is still “historic.” 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 maryland and Maryland lawmakers attempt to block gay marriages. With this Act being passed by the Senate, it is time for us to prepare for changes we may see in our divorce and family law practice with the allowance of same-sex marriage.

The potential changes are vast but include the changes that we will see in custody and visitation law. Often same-sex couples adopt a child, however when couples are not married, only one partner is usually the legally recognized adopted parent. When these relationships end, the child is left with one legal parent and one who is presently recognized as a third party (not a parent) in the State of Maryland. For more information on the third party status that same sex parents currently face see our November 27, 2009 blog. With the passage of this legislation, same-sex couples who marry and adopt a child will both be the legal parents of the child and will be recognized as same should the marital relationship end in separation and/or divorce.
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