## Facts

- Jessica Port and Virginia Anne Cowan were married in a civil ceremony in California on October 10, 2008; the marriage was assumed valid under California law.
- The parties separated on or about June 24, 2009.
- Port later resided in Maryland and filed for an absolute divorce in the Circuit Court for Prince George’s County on the ground of voluntary separation.
- Cowan filed a no-contest answer.
- The circuit court denied the divorce, concluding the marriage was not valid under Maryland law and was contrary to Maryland public policy.
- Both parties appealed, seeking recognition of their out-of-state same-sex marriage for purposes of obtaining a Maryland divorce.
- The Court of Appeals of Maryland granted certiorari on its own initiative before the intermediate appellate court decided the case.

## Issues

1. Must a Maryland court recognize a same-sex marriage validly contracted in another jurisdiction for purposes of applying Maryland divorce law?
2. Under Maryland comity and *lex loci celebrationis*, when may Maryland refuse recognition of an out-of-state marriage as statutorily prohibited or repugnant to Maryland public policy?

## Decision

- The Court of Appeals reversed the circuit court’s order denying divorce.
- The court held that, under comity and *lex loci celebrationis*, Maryland recognizes a valid out-of-state marriage for purposes of Maryland divorce law unless the marriage is expressly invalidated by Maryland statute or is repugnant to Maryland public policy.
- Maryland law did not expressly render foreign same-sex marriages void, and recognition for divorce was not repugnant to Maryland public policy.
- The case was remanded with directions to grant a final divorce.

## Legal Principles

- Maryland applies *lex loci celebrationis* to marriage validity: a marriage valid where celebrated is generally recognized in Maryland.
- Recognition may be denied only if (1) the General Assembly has expressly prohibited recognition of the category of marriage, or (2) recognition would be repugnant to Maryland public policy.
- The public-policy “repugnancy” exception is narrowly applied; the threshold for repugnancy is high, and Maryland historically has recognized some out-of-state marriages even if they could not be validly contracted in Maryland.
- A statutory definition governing marriages performed in Maryland does not, by itself, constitute an express legislative directive voiding out-of-state marriages of the same category.
- In determining public policy, courts consider the broader statutory and governmental treatment of the affected group, not a single provision in isolation.

## Conclusion

Maryland was required to treat the parties’ valid California same-sex marriage as cognizable for divorce proceedings because Maryland had not expressly declared foreign same-sex marriages void and the marriage was not shown to be repugnant to Maryland public policy; the denial of divorce was reversed and the case remanded for entry of a final divorce.


Port v. Cowan, 44 A.3d 970 (Md. 2012)