Maryland - No Gay Marriage Yet, but Gay Divorce Ok?
Gay marriage discrimination is set to end in Maryland come January of 2013, which is another great victory for human rights in the United States. The new law is, of course, being challenged by the anti-gay movement who seeks to collect enough signatures to get it repealed. In the meantime, certain issues still have to be dealt with and one in particular involves the case of two women who were legally married in California but have since moved to Maryland and wish to get a divorce.
The petition for divorce was previously denied to the couple on the grounds that since same-sex marriage wasn’t recognized in the state that none of the other legal issues surrounding marriage should be recognized either. But an appeal to the highest court in the state ended with the divorce being accepted.
This sets a precedent that may act as a small but potentially effective buffer against the rash of constitutional amendments against gay marriage. Those in power don’t expect the same-sex marriage protection law to be overturned, but if it were then this ruling by the court might create the opportunity for a new attack on the laws which prevent recognition of gay marriages that have been performed legally in other places.
Currently, there is a federal law in place which allows states to ignore the laws of other states when it comes to such things (though this is currently being fought) which means a precedent because of the divorce ruling may seem small and insignificant. It could, however, end up being used in other states as a model to follow which may, at the very least, allow those contesting the lack of recognition to push it to a higher court via appeal. Consequently, if the Maryland same-sex marriage law gets shot down, there may be protections for same-sex couples based on the ruling.
This whole system of laws is a convoluted thing, but every little victory counts in the war to ensure civil rights for all types and classes of people. If it weren’t for such small victories, racial discrimination might never have been beaten. If discrimination against the LGBT community it to be a thing of the past, rulings such as these are essential ammunition in the fight.










