On the Record

By: Caryn Tamber

I just got a press release notifying me of a new Frequently Asked Questions document put out by a host of gay-rights groups. It’s meant to guide Maryland same-sex couples on their legal rights in the wake of Doug Gansler’s opinion favoring recognition of out-of-state gay marriages.

One thing that caught my eye is the FAQ’s approach to whether couples who feel their marriage-recognition rights have been denied should litigate. The answer: a big, italicized, “no.” Well, or at least a “not yet,” or a “for Pete’s sake, not without consulting us first.” From the FAQ:

It’s important to bear in mind that rushing into litigation often is not the answer. Many problems can be worked out without resort to the courts. Others may someday need to be resolved through litigation, and important protections for same-sex couples ultimately may need to be vindicated in the courts. But with marriage recognition bringing many important rights for many families, any litigation that could have broader impact on how the marriage recognition rule applies should be the product of careful thought and planning. A bad ruling could have far-reaching negative impact for your marriage and the marriages of many other couples.

I’m thinking the LGBT groups don’t want aggrieved same-sex marrieds taking a page from the Janice M. v. Margaret K. playbook. That was the same-sex ex child visitation case that was extensively litigated in Baltimore County and eventually went all the way up to the Court of Appeals. The top court held that, contrary to prior Court of Special Appeals holdings, Maryland does not recognize de facto parenthood, which had been an important tool for parents’ ex-lovers who wanted access to the children over the parent’s objections.

It will be interesting to see if all concerned heed the advice of the FAQ.