Maryland 's attorney general said Wednesday that the state may legally recognize same-sex marriages performed in other states . The 45-page opinion from Attorney General Douglas F. Gansler was addressed to state Sen. Richard S. Madaleno Jr. `` You have asked whether those marriages may be recognized under state law . The answer to that question is clearly 'yes , ' '' Gansler wrote . He noted that his opinion is `` not itself the law of Maryland in the same sense as a statute enacted by the Legislature or court decision elaborating the common law or construing a statute . '' Rather , it is an interpretation of law intended to guide courts and government agencies , he said . `` Thus , what we say in this opinion is a prediction , not a prescription , as to the how the court would approach this issue under current law , '' Gansler wrote . His office said that he can not direct the actions of state agencies . But Maryland Gov . Martin O'Malley said Wednesday afternoon that the state `` will be guided by the attorney general 's thorough analysis and legal advice on this matter . '' He added , `` I am confident that the attorney general and his office will provide all necessary advice to state agencies on how to comply with the law , and I expect all state agencies to work with the attorney general 's office to ensure compliance with the law . '' Further details were not immediately available , and the governor 's office did not return phone calls seeking clarification . It was unclear what the immediate ramifications of Gansler 's opinion would be in Maryland . One state representative , Del . Emmett Burns -- who sponsored a bill earlier this year that would have barred the state from recognizing same-sex marriages performed in other states and other countries -- said the attorney general 's opinion `` muddles the waters . '' Burns ' bill failed in committee . Referring to the opinion , Burns said , `` I do n't think it 's worth a bucket of warm spit . ... I do n't think it 's something that is going to make that big of a difference . '' He said the issue is likely to be decided through legislation or in a court case . He noted that state Sen. Norman Stone is sponsoring a bill that mirrors Burns ' failed one . Also , he said , the House Judiciary Committee is considering a bill that would allow same-sex marriage . `` It 's going to be going pandemonium on the House floor '' if that bill makes it out of committee , he said . He added he believes there is much opposition in both the state House and Senate to same-sex marriage . `` I believe that the concept is going to have be settled through [ public ] referendum , '' he said . `` If it were to go to referendum , my side will win . '' Maryland state law from 1973 says that only a marriage between a man and a woman is valid in the state . However , there are no laws or court cases regarding recognition of marriages legally performed in other places , the attorney general 's office said . Madaleno said in a statement released through Equality Maryland that the opinion is `` welcome news '' for same-sex couples legally married in states where the practice is allowed , and `` nothing in the attorney general 's opinion changes the fact that same-sex couples can not obtain marriage licenses in Maryland . '' Media reports said Madaleno had asked the attorney general in May whether Maryland may legally recognize same-sex marriages . Massachusetts , Connecticut , Vermont and New Hampshire and Iowa allow same-sex marriage . The District of Columbia has also passed a law allowing same-sex marriage , although it has not yet taken effect . CNN 's Taylor Gandossy contributed to this report .
Maryland should recognize same - sex marriages from other states , according to state AG . State representative , Douglas F. Smith 's statement ` ` muddles the waters '' Five states currently recognize same - sex marriages .