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By: Mary Ellen Flynn, Attorney At Law

A situation that has never arisen before in the Maryland state courts was highlighted in an online news outlet this past Monday. While Maryland marriage laws have been in the news lately, the issue at hand in this case is whether or not a woman who legally married her lesbian partner in Washington, DC is entitled to invoke her right not to testify against her partner in a domestic assault case in Maryland.

While it is a bit of a tricky issue, I believe the spousal privilege should apply to same-sex marriages because Maryland should respect marriages that were legally obtained elsewhere; and such a court decision would be consistent with Attorney General Doug Gansler’s written opinion on the issue. It would also comply with the Full Faith and Credit Clause of the United States Constitution, which according to the online version of the U.S. Constitution, states that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”

If you are in need of representation and/or advice in the areas of family law, including any matters regarding alternative families, please do not hesitate to contact Mary Ellen Flynn or Peter Casciano online, or by calling 301.563.6685.