Maryland Domestic Partner Benefits laws & HR compliance analysis

Maryland Domestic Partner Benefits: What you need to know

The Civil Marriage Protection Act of 2012 amended Maryland law to permit marriage between two individuals, regardless of gender, as long as the marriage is not otherwise prohibited under state law (MD Code Family Law Sec. 2-201 et seq.).
The amended law provides equal recognition to same-sex and opposite-sex marriages. Accordingly, employers in Maryland must provide the same benefits to employees in a same-sex marriage that are provided to employees in an opposite-sex marriage.
The U.S. Supreme Court subsequently issued a decision legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, No. 14-556 (6/26/15)).
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Reciprocity. In 2010, the Maryland attorney general issued an advisory opinion stating that same-sex marriages validly entered into in other jurisdictions may be recognized as marriages in Maryland.
Two individuals of either gender may enter into a domestic partnership (MD Code Tax Prop. Sec. 12-101).
To establish a registered domestic partnership under state law, individuals must meet the following requirements:
• Both persons are at least 18 years old;
• Neither person is related to the other by blood or marriage within four degrees of consanguinity;
• Neither person is married or a member of a civil union or domestic partnership with another person;
• Both persons agree to be in a relationship of mutual interdependence in which each partner is capable of consenting to the domestic partnership; and
• They share a common residence.
Evidence of a domestic partnership sufficient to allow benefits such as tax exemptions consists of an ...

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Maryland Domestic Partner Benefits Resources

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