Port v. Cowan, 44 A.3d 970

Port and Cowan married in California in 2008; California recognized domestic same-sex marriage at that time.
Approximately eight months later they separated and Port filed for absolute divorce in Prince George's County, Maryland.
Cowan answered with a no-contest, and the circuit court found the marriage not valid in Maryland, denying divorce on public policy grounds.
On appeal, Port and Cowan sought recognition of their California marriage in Maryland for purposes of Maryland divorce law; the case was decided on comity rather than constitutional grounds.
The Court of Appeals reversed the circuit court, holding that foreign valid same-sex marriages are recognized under comity for purposes of domestic divorce, and remanded to grant a final divorce to the parties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a valid out-of-state same-sex marriage may be recognized in Maryland for divorce.	Port and Cowan rely on comity to recognize the foreign marriage for Maryland divorce.	Cowan argues Maryland public policy and domestic law protect against recognizing such marriages.	Yes; comity supports recognizing the foreign marriage for Maryland divorce.

Henderson v. Henderson, 199 Md. 449, 87 A.2d 403 (1952) (recognition of foreign marriages when not repugnant to public policy)
Fensterwald v. Burk, 129 Md. 131, 98 A. 358 (1916) (liberal recognition of foreign marriages; repugnancy standard very high)
Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007) (upheld excluding domestic same-sex marriage; not controlling here but cited on comity framework)
Aleem v. Aleem, 404 Md. 404, 947 A.2d 489 (2008) (limits comity in equitable distribution contexts; not controlling here)