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Domestic Partnerships in Maryland
Types of Same-Sex Unions in the U.S.
Because the federal government in the U.S. traditionally does not involve itself in family law or marriage, the decision of whether or not to recognize same-sex marriage (or any other form of legal union for same-sex couples) rests entirely with individual states.
Some states recognize same-sex marriage, and others offer other legal arrangements for same-sex couples which offer some of the benefits of marriage, but go by another name. The majority, however, do not offer any official recognition of same-sex partnerships.
Domestic Partnerships in Maryland
Since 2008, Maryland has offered a system of domestic partnerships which extend some (but not all) of the rights and responsibilities associated marriage to same-sex couples.
Maryland currently has a law on the books which prohibits the state from recognizing same-sex marriage.
Domestic partners in Maryland are entitled to a relatively small number of the rights and responsibilities that marriage affords to opposite-sex couples. Domestic partners in Maryland can visit each other in the hospital, are entitled to share a room on a nursing home, make funeral and burial decisions on behalf of a deceased partner, and can make certain property transfers to each other without incurring tax liability, among a few others.
Conflict with Federal Law
The Maryland system currently conflicts with federal law. Federal law currently only recognizes marriage as a union between a man and a woman. This means that persons who are in any officially-recognized union for same-sex couples are treated as unmarried.
Furthermore, entering (or attempting to enter) any officially-recognized union for same-sex couples constitutes an admission of homosexuality as far as the military is concerned, thereby triggering the “don’t ask, don’t tell” policy. This could result in a member of the armed forces being discharged, or prevent a prospective member from enlisting at all.
Do I Need A Lawyer?
The situation involving domestic partnerships and same-sex marriage across the U.S. can be confusing, and is changing at a rapid pace. For that reason, it might be a good idea to contact an experienced family law attorney in Maryland if you have any questions about your rights, or those of your partner.
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