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Port vs. Cowan - CA Rules Valid Gay Marriage From Another State Must be Recognized in MD

Posted on: 05/18/2012
Jessica Port v. Virginia Anne Cowan
 
Court of Appeals
No. 69, September Term, 2011
 
HEADNOTE:  FAMILY LAW – DIVORCE – RECOGNITION OF VALID FOREIGN SAME-SEX MARRIAGE – DOCTRINE OF COMITY
 
Under the common law doctrine of comity, a valid out-of-state marriage will be recognized in Maryland, for purposes of application of its domestic divorce laws, if it is not statutorily prohibited or “repugnant” to Maryland public policy. The “repugnancy” threshold is very high. Maryland statutes do not treat as void expressly foreign same-sex marriages. Rather, a review of Maryland statutes and executive branch policies demonstrates that recognizing valid foreign same-sex marriages is consistent with Maryland public policy. Therefore, the parties’ valid California same-sex marriage is cognizable in this State for purposes of adjudicating a divorce complaint.
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