Maryland Notebook

During a radio show this week, Maryland Gov. Martin O'Malley (D) suggested he was open to recognizing same-sex marriages performed in other states -- something he's never said publicly -- with several caveats.

"If a person has those rights under another state . . . I think we probably should respect those rights," O'Malley said during an appearance Monday on WTOP radio's "Ask the Governor."

He made clear, however, that his preference remains legalizing civil unions -- and not gay marriage -- in Maryland. His aides labored to describe the evolving legal, legislative and political contexts in which his remarks were made.

State officials are awaiting an opinion from Attorney General Douglas F. Gansler (D) on whether Maryland can recognize same-sex marriages performed in other jurisdictions. That opinion, requested by state Sen. Richard S. Madaleno Jr. (D-Montgomery), could be weeks, if not months, away.

O'Malley spokesman Rick Abbruzzese said the governor has no intention of doing anything before Gansler's opinion is issued, saying that is the "prudent" course.

The attorney general's office has issued less formal advisory letters to lawmakers in the past. The letters have stated that Maryland cannot recognize same-sex marriages from other states, citing a state law that defines marriage as being between a man and a woman. The opinions also acknowledged that the law is less than clear.

Gansler has spoken out in favor of legalizing gay marriage, which has prompted some speculation that his opinion could say something different. But even with a more favorable opinion, recognizing same-sex marriages from other states could require an act of the Maryland legislature or possibly an executive order by the governor. Abbruzzese said it would be premature to discuss the possibility of the latter.

O'Malley 's comments come as a D.C. law recognizing gay marriages performed elsewhere took effect this week. New York Gov. David A. Paterson (D) recently signed an executive order to the same effect.

Also on WTOP (103.5 FM), O'Malley said he would support a legislative effort to ban talking on cellphones while driving in Maryland. Lawmakers recently forbade drivers from writing or sending text messages while behind the wheel but stopped short of a cellphone ban.

"The data would seem to be on your side on that score," O'Malley told a caller who cited the dangers of driving while talking on a cellphone. "I hope we're moving in that direction."