Guam becomes first US territory to allow gay marriage

(Photo: Reuters)

A challenge to Guam's same-sex marriage ban received support earlier this month when the country's attorney general found that gay couples should be allowed to get married. 

Attorney General Elizabeth Barrett-Anderson ordered government offices to allow same-sex couples to submit marriage applications on April 15, but the ruling still faces opposition. 

Department of Public Health and Social Services acting director Leo Casil confirmed to the Pacific Daily News that marriage applications from gay couples will not be accepted "until further notice" because he had yet to receive a legal opinion in the case. 

In her decision, Barrett-Anderson said the Social Services Department should treat "all same gender marriage applicants with dignity and equality under the Constitution."

Loretta M Pangelinan, 28, and Kathleen M Aguero, 28, challenged the gay marriage ban on April 13 in the US District Court in Guam. The week before, the women tried to obtain marriage licenses but were denied. The couple have been together for nine years and are foster parents. 

Governor Eddie Baza Calvo's statement did not take a stand on the issue of gay marriage, but said the decision should be put to a vote.

While this current legal issue is being reviewed, if it is the will of the people of Guam to make same-sex marriage legal on Guam, then the Guam Legislature, the people of Guam's representatives, can take action to change the law, or a referendum can be held giving the people of Guam a direct voice in this issue," he said. 

Gay marriage is not allowed in the other US territories: Puerto Rico, Northern Marianas, US Virgin Islands and American Samoa. The contentious issue is pending at the federal level in Puerto Rico, and at the Supreme Court level in the States.