WASHINGTON -- It may be a very happy New Year indeed for some same-sex couples in Maryland.
Maryland's attorney general issued a formal legal opinion late last week stating that same-sex couples may be eligible to marry on Jan. 1.
The Gazette has more details:
Voters upheld the state's new law granting marriage rights to same-sex couples earlier this month, but it doesn’t officially take effect until the first of the year.
State lawyers initially said that because Jan. 1 is a holiday -- and there's a two-day wait before licenses take effect -- that same-sex couples could not marry until Jan. 4.
But a formal opinion from Attorney General Douglas Gansler, issued Thursday, says that as long as the effective date is printed on the license, courts can issue them as soon as Gov. Martin O’Malley (D) formally certifies that the law has been approved by voters, which he is expected to do Dec. 6.
If a jurisdiction’s licenses do not specify the effective date, they cannot be issued until Jan. 1, according to Gansler.
In the opinion, Gansler also clarified that same-sex couples who have already been legally married in another state, and who have remained married, may not get a Maryland marriage license and marry again, but that the law does not prohibit couples who have entered into a civil union or domestic partnership, but aren't married, from now marrying in Maryland.
In 2010, Gansler issued an opinion finding that Maryland's legal system could recognize same-sex marriages performed in other states.
In last week's opinion, the attorney general also addressed the question of what form same-sex wedding vows ought to take:
The statute and case law provide little guidance on what form the vows should take, which leaves the administrative judges of the circuit courts with a relatively free hand in crafting the ceremony. When they do so, however, we would recommend that the administrative judges be mindful of not characterizing one form of marriage as "traditional" or solemnizing marriages with language that could be seen as stigmatizing the union into which the parties enter.
Gansler says in the opinion that "using a single, gender-neutral set of vows for all couples would eliminate any possibility of discrimination," but that doing so might disappoint some same-sex couples and opposite-sex couples. The recommended solution: judges should offer "all parties a choice of different terminologies or, better yet, the opportunity to choose exactly how they will be referred to in their vows."
On or around Dec. 6, Maryland Gov. Martin O'Malley (D) is expected to "formally proclaim" the results of November's election, including voters' affirming the state's marriage equality law.
Also on HuffPost:
New York lawmakers <a href="http://www.huffingtonpost.com/2011/07/24/new-york-gay-marriage_n_907901.html" target="_blank">legalized same-sex marriage on July 24, 2011</a>, making it the largest state at the time to pass such legislation.
Voters in Maryland <a href="http://www.huffingtonpost.com/2012/11/07/gay-marriage-victory_n_2085900.html" target="_blank">approved marriage equality in the November 2012 election</a>. Initially, the gay marriage bill was signed into law by Gov. Martin O'Malley (D) on March 1, 2012, but opponents gathered enough signatures to force the issue back onto the ballot. With the passing of marriage equality, same-sex marriage <a href="http://www.huffingtonpost.com/2012/12/31/maryland-gay-marriage_n_2389044.html" target="_blank">ceremonies began on Jan. 1, 2013</a>.
Connecticut's Supreme Court <a href="http://www.huffingtonpost.com/2008/10/10/connecticut-gay-marriage_n_133605.html" target="_blank">ruled that same-sex couples had the right to marry on Nov. 12, 2008</a>, making it the third state in the nation to do achieve marriage equality.
Iowa's Supreme Court <a href="http://www.huffingtonpost.com/2009/04/03/iowa-gay-marriage-ban-rul_n_182782.html" target="_blank">ruled the state's gay marriage ban unconstitutional</a> on April 3, 2009.
Maine <a href="http://www.huffingtonpost.com/2012/11/07/gay-marriage-victory_n_2085900.html" target="_blank">made history in the November 2012 election</a> when it became the first state to pass marriage equality on the ballot. Human Rights Campaign President Chad Griffin said, "Voters in Maine came to the common-sense conclusion that all people deserve the ability to make loving, lifelong commitments through marriage." Just three years ago, a popular vote overturned legislation that would have legalized same-sex marriage in the state.
Massachusetts became the first state in the nation to <a href="http://www.history.com/this-day-in-history/first-legal-same-sex-marriage-performed-in-massachusetts" target="_blank"> legalize same-sex marriage on May 17, 2004</a>. The state's Supreme Court initially found the ban on gay marriage unconstitutional on Nov. 18, 2003.
Same-sex couples were able to <a href="http://www.cbsnews.com/2100-201_162-6042937.html" target="_blank">begin seeking marriage licenses</a> on Jan. 1, 2010.
Vermont, which invented civil unions, became <a href="http://www.huffingtonpost.com/2009/04/07/vermont-legalizes-gay-mar_n_184034.html" target="_blank">the first state to legalize gay marriage through a legislature's vote</a> -- overriding the governor's veto. Same-sex couples were able to begin marrying on Sept, 1, 2009.
Gay couples were able to <a href="http://www.huffingtonpost.com/2009/12/01/gay-marriage-dc-council-p_n_375435.html" target="_blank">begin marrying in the nation's capital</a> on March 9, 2010.
The state initially began conducting gay marriages on June 16, 2008. On November 5, 2008, however, California <a href="http://www.huffingtonpost.com/2013/06/26/proposition-8-timeline_n_3503512.html" target="_blank">voters passed Proposition 8</a>, which amended the state's constitution to declare marriage as only between a man and a woman. On June 26, 2013, by a 5-4 vote, <a href="http://www.huffingtonpost.com/2013/06/26/hollingsworth-v-perry-ruling_n_3438269.html" target="_blank">the Supreme Court justices held in Hollingsworth v. Perry</a> that the traditional marriage activists who put Proposition 8 on California ballots in 2008 did not have the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial, opening the door for marriages to resume in the state.
On February 13, 2012, Gov. Christine Gregoire (D) <a href="http://www.huffingtonpost.com/2012/02/13/washington-gay-marriage-signed-chris-gregoire_n_1273887.html" target="_blank">signed a law allowing same-sex marriage ceremonies</a> to begin on June 7, 2012. The process was delayed by gay marriage opponents who gathered enough signatures to put the issue up to a state vote in November 2012. <a href="http://www.huffingtonpost.com/2012/12/09/washington-gay-marriage-law_n_2266574.html" target="_blank">Gay marriage passed on November 7, 2012.</a> The official determination for Washington did not come until one day after the election because of the state's mail-in voting system.
Gay marriage came to Rhode Island when Governor Lincoln Chafee <a href="http://www.huffingtonpost.com/2013/08/01/gay-marriage-minnesota-rhode-island_n_3686034.html" target="_blank">signed the marriage equality bill</a> into law on May 2, 2013.
Delaware obtained gay marriage when <a href="http://www.huffingtonpost.com/2013/05/07/delaware-gay-marriage-law-_n_3232771.html" target="_blank">Governor Jack Markell signed the marriage equality bill it into law</a> on May 7, 2013.
Minnesota same-sex couples achieved marriage equality when Gov. Mark Dayton signed the legislation into law <a href="http://www.huffingtonpost.com/2013/05/14/minnesota-gay-marriage-legal-_n_3275484.html" target="_blank">on May 14, 2013</a>.
Newark Mayor Cory Booker <a href="http://www.huffingtonpost.com/2013/10/20/cory-booker-same-sex-marriage_n_4134116.html?&ir=Gay%20Voices&utm_hp_ref=gay-voices" target="_blank">began marrying same-sex couples</a> at City Hall at 12:01 a.m. on Oct. 21, 2013.
Hawaii Gov. Neil Abercrombie signed same-sex marriage into law on Nov. 13, 2013, making it the 15th state to pass such legislation.
Illinois became the 16th state to legalize gay marriage, with the House <a href="http://www.huffingtonpost.com/2013/11/05/illinois-gay-marriage_n_4220793.html" target="_blank">having passed the bill on Nov. 5</a>. and Gov. Pat Quinn signing the legislation on Nov. 20.
On Dec. 19, the New Mexico Supreme Court <a href="http://www.huffingtonpost.com/2013/12/19/new-mexico-gay-marriage_n_4474507.html?ir=Gay%20Voices" target="_blank">unanimously ruled</a> that same-sex marriage rights are protected under the Constitution.