A recent Pew Research study shows that support of same sex marriage is at an all time high. So, why is there still doubt in Maryland about whether a divorce can be granted based upon same sex adultery?
Because that’s what we Maryland lawyers were taught. But, the law –
even before same sex marriage – does not clearly prohibit this.
Legislative advocates (such as myself) opted in 2015 not to pursue a legislative fix to clarify this. We chose, instead, an educational fix via requesting an Attorney General Opinion.
The 2015 Opinion shed light on the issue. While not as binding as legislation, this Opinion provides authority for Judges and Magistrates to grant such divorces.
But, this question is still posed by some Maryland attorneys. If you are aware of a Maryland case since 2015 in which a Judge or Magistrate denied a divorce based on adultery due to the gender of the spouse and paramour, please contact me. If a legislative fix is needed, there are those of us at the ready to address this type of inequality in divorce law.