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Tough questioning for Gallagher at marriage hearing

Democratic lawmakers hammer anti-gay activist

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Maggie Gallagher, chair of the National Organization for Marriage (Blade photo by Michael Key)

Democratic lawmakers on Friday hammered anti-gay activist Maggie Gallagher during a congressional hearing with questions on why same-sex couples should be excluded from marriage and the extent to which the National Organization for Marriage participated in campaigns to rescind state marriage laws.

In testimony before the House Judiciary subcommittee on the Constitution, Gallagher, NOM’s chair and co-founder, said marriage should restricted to one man and one woman because such unions are the only kind that can produce children and because state voters by referenda have affirmed 31 times that marriage shouldn’t be extended to gay couples.

“Marriage is the union of husband and wife for a reason: these are the only unions that create new life and connect those children in love to their mother and father,” Gallagher said. “This is not necessarily the reason why individuals marry; this is the great reason, the public reason why government gets involved in the first place.”

The hearing, which was titled “Defending Marriage,” took place on the heels of President Obama’s announcement on Feb. 23 that the Defense of Marriage Act is unconstitutional and that his administration would no longer defend the anti-gay law against litigation in court. Following a 3-2 party-line vote in March by the Bipartisan Legal Advisory Council, U.S. House Speaker John Boehner (R-Ohio) directed the House general counsel to take up defense of DOMA in place of the administration.

Gallagher said the need to raise children by married parents of opposite genders affirms the rationale for having in place DOMA, the 1996 law that prohibits recognition of same-sex marriage, and criticized the Justice Department for dropping defense of the law.

“This is the rationale for the national definition of marriage proposed by Congress in passing DOMA: ‘civil society has an interest in maintaining and protecting the institution of heterosexual marriage because it has a deep and abiding interest in encouraging responsible procreation and child-rearing,'” Gallagher said. “If we accept, as DOMA explicitly does, that this is a core public purpose of marriage, then treating same-sex unions as marriage makes little sense.”

Following her opening statement, Gallagher bore the brunt of tough questioning from Democratic lawmakers during the question-and-answer session of the hearing.

Rep. Jerrold Nadler (D-N.Y.), ranking Democrat on the subcommittee, asked Gallagher if the children of Jen and Dawn BarbouRouske, a married same-sex couple from Iowa who were present during the hearing, should have parents who can receive the full protections of marriage or if she considers these children “expendable.”

“I think no children are expendable,” Gallagher replied. “Gay people have families that are not marital families, but they are families. I myself was an unwed mother, so I have firsthand experience with being in a family that’s not a marital family. I don’t think you need to have a message of stigmatization and exclusion to protect to an ideal.”

Nadler, sponsor of DOMA repeal legislation in the House, interrupted Gallagher, saying “the whole point” of DOMA is stigmatization and exclusion, and pressed Gallagher further on why the institution of marriage benefits when same-sex couples are excluded.

“Because including same-sex unions as marriages denies at a public level that marriage is about an important way for getting together mothers and fathers and children,” Gallagher said.

Nadler continued to question Gallagher on NOM’s involvement in 2010 Iowa campaign that successfully ousted three justices from the state Supreme Court who ruled in favor of same-sex marriage. The lawmaker asked Gallagher, who estimated that NOM contributed between $600,000 and $650,000 to the campaign, why she would criticize the Justice Department for allegedly making a political decision while her organization politicized the judicial process.

“The National Organization of Marriage is political advocacy organization, and so I think it’s appropriate for us to be politically involved in ways that Department of Justice is not,” Gallagher replied.

Rep. John Conyers (D-Mich.), a co-sponsor of the DOMA repeal bill, asked Gallagher whether reports were true that her organization contributed $1.9 million to the 2009 campaign in Maine to abrogate the states’s same-sex marriage law. Opponents of same-sex marriage succeeded in nullifying the marriage law in the state before gay couples could marry there.

“I don’t have those figures in front of me, but we were involved in the [effort],” Gallagher said. “But that’s probably on the order [of our contributions].”

NOM has repeatedly come under fire for failing to disclose their donors during the campaign against the Maine marriage law. State courts have ordered the organization to reveal their donors in accordance with the law, but NOM has yet to do so.

Following the hearing, Dan Fotou, eastern regional field director for GetEQUAL, praised Democratic lawmakers for hammering Gallagher with tough questions after her testimony.

“I think it was good to hear the Democrats standing up and challenging Maggie Gallagher’s position,” Fotou said. “Fifty-two percent of Americans think that marriage equality is OK, so I think today was good in terms of putting a face on hate once again, and Maggie does a really great job of that.”

Democratic lawmakers’ criticisms during the hearing weren’t limited to Gallagher. Conyers questioned Rep. Trent Franks (R-Ariz.), chair of the subcommittee, why no witnesses from the Justice Department were present to defend Obama’s decision to drop defense of DOMA.

“What bothers me about this hearing at this subcommittee is that the Department of Justice is not present,” Conyers said. “I was informed that they were not invited. … We have one of the leaders of the country, Ms. Gallagher, who’s raised hundreds of thousands of dollars against judges … but there’s nobody here from the Justice Department.”

In response, Franks said the Justice Department would be invited to come during an upcoming hearing in May before the House Oversight & Government Reform Committee on the DOMA decision. Upon further questioning, Franks maintained the panel was fair because its makeup included witnesses on both sides of the issue.

But Franks’ response apparently didn’t allay the concerns of Conyers, who said he hopes Congress can hear the Justice Department to respond to the criticisms of Gallagher.

“There’s a political tone in this hearing that I want to diminish as much as possible,” Conyers said. “The fact of the matter is this is not in regular order and I do not approve the way that we’re starting out this subcommittee [hearing].”

Despite the general tone in favor of DOMA during the hearing, several panel members known for having anti-gay views — including Rep. Steve King (R-Iowa), who’s railed against same-sex marriage in home state, and Rep. Jim Jordan (R-Ohio), who’s leading the effort to eliminate gay nuptials in D.C. — didn’t make an appearance. Neither the office for King nor Jordan responded to the Washington Blade’s request to comment on why the lawmakers didn’t attend the hearing.

Ian Thompson, who’s gay and legislative representative for the American Civil Liberties Union, said the lack of presence by anti-gay lawmakers was telling that the they were uncomfortable with their positions.

“The thing that was particularly striking to me was the fact that so few DOMA supporters on the committee actually were in attendance,” Thompson said. “So, from my perspective, if the hearing was intended to demonstrate the support of the House of Representatives for DOMA, from the attendance alone, it was a complete and total flop.”

Rep. Trent Franks (Blade photo by Michael Key)

But a few anti-gay Republicans did make an appearance to rebuke the notion of extending marriage rights to gay couples and to criticize the Justice Department for dropping defense of DOMA.

Franks called Obama’s decision to discontinue defense of the anti-gay law an “edict” that “failed to show the caution and respect for Congress and the courts.”

“When the President unilaterally declares a duly enacted law unconstitutional, he cuts Congress and the American people out of the lawmaking process,” Franks said. “Such heavy-handed presidential action undermines the separation of powers and the principle that America is a constitutional republic predicated on the rule of law.”

Franks continued that the arguments in favor of DOMA are “reasonable and right” because marriage between one man and one woman is the best union for raising children.

“Traditional marriage has proven to be the most successful institution in humanity’s history for the propagation and preparation of the next generation,” Franks said. “The traditional family has proven to be the best department of welfare, the best department of education, the best department of crime prevention, and the best department of economic security that there has ever been.”

Rep. Lamar Smith (R-Texas), a lawmaker known for anti-gay views, also made an appearance at the hearing and railed against what he called the government altering the definition of marriage. Smith, chair of the full House Judiciary Committee, offered an opening statement during the hearing even though he’s not a member of the subcommittee.

“If we tamper with the definition of marriage, harmful unintended consequences could follow,” Smith said. “The ability of religious institutions to define marriage for themselves to promote their sincerely held beliefs could be threatened.”

Smith said the will the people is for continued definition of marriage between one man and one woman — noting the 31 successful ballot initiatives that restricted marriage to such unions — and said the U.S. Constitution doesn’t provide protections for same-sex couples seeking to marry.

“No one can seriously believe that the Constitution’s founders intended to create a right to same-sex marriage,” Smith said. “By refusing to defend the Defense of Marriage Act against legal challenges, the administration has allowed the courts to overrule that popular law.”

Franks and Smith’s opening statements were countered by initial remarks from Nadler, who called arguments that Justice Department acted inappropriately by dropping defense of DOMA a “red herring” and said the real question should be whether anyone — either the Obama administration or Congress — should defend the law.

“Far from demeaning, trivializing or destroying the institution of marriage, [gay] couples have embraced this time-honored tradition and the commitment and serious legal duties of marriage,” Nadler said. “Rather than defending DOMA in court, Congress should be working to repeal it.”

Two legal experts on the panel presented opposing views on whether the administration acted within bounds in its decision to discontinue defense of DOMA in court.

Edward Whelan, president of the Ethics & Public Policy Center, said the Justice Department’s decision is in violation of its policy.

“The Obama administration’s decision to abandon defense of DOMA — or more precisely, to abandon its charade of pretending to defend DOMA — departs sharply from the Department of Justice’s long-standing practice,” Whelan said.

Whelan said Obama dropped defense of the anti-gay law to appease a political constituency and to induce the courts to “invent the constitutional right to same-sex marriage.”

“With the exception of laws that intrude on the executive branch’s power, the long-standing practice of the Department of Justice is to vigorously defend the constitutionality of any law where a reasonable may be made,” Whelan said. “This ‘reasonable standard’ is a very low bar. It basically means that the Department of Justice will defend a federal law against constitutional challenge when it can offer non-frivolous grounds in support of the law.”

Carlos Ball, a gay law professor at Rutgers Law School (Blade photo by Michael Key)

But Carlos Ball, a gay law professor from Rutgers Law School, testified that Obama acted within his authority because another statute exists saying that the attorney general must inform Congress if the administration decides to no longer defend a law.

“The existence of that statute seems to be a recognition by the Congress of the reality that the executive branch sometimes, in rare cases, can not defend the constitutionality of a law,” Ball said. “The executive branch, as a co-equal branch of government, has the authority and obligation to make independent assessment’s regarding a law’s constitutionality.”

Ball noted precedent for an administration declaring an existing law unconstitutional and dropping defense of the statute in court — the 1990 case of Metro Broadcasting v. FCC. Then-acting U.S. Solicitor General John Roberts, now Chief Justice of the U.S. Supreme Court, argued that a law providing for minority preferences in broadcast licensing was unconstitutional. Despite the position of the Bush administration, the Supreme Court later upheld the law.

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Autos

Sport haulers: Jeep Grand Cherokee, Mercedes GLE-Class

Updated cabins, adept handling, and more

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Jeep Grand Cherokee

Now that March Madness and the Masters are over, it’s time for, well, everything else. For my husband and me, this means water sports, as in kayaks and rowing sculls, which is why we trekked to the Potomac for the George Washington Invitational regatta last weekend. 

Alas, high winds splashed cold water on the event, canceling much of it. But there was still plenty of spirited camaraderie to rival “The Boys in the Boat.” 

And I was reminded of my time years ago as a rower with D.C. Strokes, ferrying teammates to races up and down the East Coast. Back then my ride was a dated, rather cramped four-door sedan. 

If only we could have paddled around in a sporty SUV like the two reviewed here. Now that would have been some smooth sailing (wink-wink). 

JEEP GRAND CHEROKEE 

$40,000

MPG: 19 city/26 highway

0 to 60 mph: 7.5 seconds

Maximum cargo room: 37.7 cu. ft. 

PROS: Updated cabin, adept handling, strong towing 

CONS: So-so gas mileage, no third row, pricey trim levels

IN A NUTSHELL: Rough, tough and buff. It’s doesn’t get much more butch than a Jeep. This year’s Grand Cherokee is no exception, with rugged looks, expert off-road capability and better-than-average towing capacity of 6,200 pounds. 

There are a dizzying number of trim levels—more than a dozen—starting with the barebones base-model Laredo at an affordable $40,000. The lineup tops out with the Summit Reserve 4xe PHEV, which is almost twice the price at $76,000 and one of various plug-in hybrid versions available. Those plug-in hybrids can drive up to 25 miles on all-electric power before the four-cylinder gas engine kicks in. Otherwise, you can choose from a standard V6 or V8. Gas mileage on all trim levels is basically the same as the competition. 

Where the Grand Cherokee really shines is in the handling. More refined than a Wrangler but less lavish than a Land Rover, this Jeep maneuvers just as well on city streets and highways as it does on bumpier terrain.    

I tested the mid-range and mid-priced Overland, which comes standard with four-wheel drive and large 20-inch wheels. It also boasts a slew of niceties, such as quilted upholstery, panoramic sunroof and high-tech digital displays. These include a 10.25-inch infotainment touchscreen and rear-seat entertainment system. 

The nine-speaker Alpine stereo, designed specifically for the Grand Cherokee, is pleasing. But I really wanted to hear the boffo 19-speaker McIntosh surround-sound system that Jeep also offers. Sigh, it’s only available on the premium Summit trim level. 

MERCEDES GLE-CLASS

$64,000 

MPG: 20 city/25 highway

0 to 60 mph: 6.6 seconds

Maximum cargo room: 33.3 cu. ft. 

PROS: Lush interior, silky-smooth suspension, speedy 

CONS: Some confusing electronics, tight third row, many competitors

IN A NUTSHELL: For a more high-class hauler, there’s the Mercedes GLE-Class. This midsize SUV is similar in size to the Jeep Grand Cherokee. But instead of seating five passengers, the GLE can carry up to seven. Sure, legroom in the optional third row may be tight for taller travelers, but it’s perfect for a cocky cockswain or two. 

Six trim levels, ranging from the base-model GLE 350 to two high-performance AMG models. For eco-conscious buyers, the GLE 450e plug-in hybrid arrived earlier this year and can run on battery power alone for almost 60 miles. 

My test car was the top-of-the-line AMG 63 S 4Matic, a head-turner in every way. Priced at a whopping $127,000, this GLE looks best in glossy black with the Night Package, which includes tasteful jet-black exterior accents and matte-black wheels. To complete the Darth Vader effect, there’s a deep, menacing exhaust rumble that’s downright threatening.

You expect such a ride to be wicked fast, and it is: 0 to 60 mph in a blistering 3.7 seconds. Yet the carbon ceramic brakes with their devil-red calipers are equally impressive in slowing things down quickly. 

Inside, each GLE comes with two large digital displays on the elegantly sculpted dashboard. My favorite feature is the “Hey Mercedes” digital assistant, which responds to voice commands such as opening or closing the sunroof, operating the infotainment system or activating the climate controls. 

It’s hard to find sport seats that are more comfortable, especially with the heavenly massage function (though those massage controls could be a bit more user-friendly.) For AMG models, the seats come with red-contrasting stitching and red seatbelts—a nod to the devilish demeanor under the hood.

Considering all the SUVs available in showrooms, few make quite the splash of a GLE.

Mercedes GLE-Class
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Real Estate

Boosting your rental property’s curb appeal

Affordable upgrades to attract and keep tenants happy

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Spruce up your curb appeal with new plants and trees.

In the District of Columbia, the rental market tends to open up significantly during the springtime for several reasons. First, spring brings about a sense of renewal and change, prompting many individuals and families to seek new living arrangements or embark on relocations. Additionally, the warmer weather and longer daylight hours make it more conducive for people to explore housing options, attend viewings, and make decisions about moving. Furthermore, spring often coincides with the end of academic terms, leading to an influx of students and young professionals entering the rental market. 

Landlords and property managers also tend to schedule lease renewals or list new vacancies during this time, capitalizing on the increased demand and ensuring a steady turnover of tenants. In the competitive world of rental properties, attracting and retaining quality tenants can be challenging. However, with some strategic upgrades, property owners can significantly enhance their units’ appeal without breaking the bank. From enhancing curb appeal to interior upgrades, here are some practical and cost-effective ideas to make your rental property stand out in the market.

Curb appeal

First impressions matter, and curb appeal plays a crucial role in attracting potential tenants. Simple enhancements like freshening up the exterior paint, adding potted plants or flowers, and ensuring a well-maintained lawn can instantly elevate the property’s appearance. Installing outdoor lighting not only adds charm but also enhances safety and security.

Interior upgrades

Upgrade the kitchen and bathroom fixtures to modern, energy-efficient options. Consider replacing outdated appliances with newer models, which not only appeal to tenants but also contribute to energy savings. Fresh paint and updated flooring can transform the look of a space without a hefty investment. Additionally, replacing worn-out carpets with hardwood or laminate flooring can make the unit more attractive and easier to maintain.

Enhance storage

Maximize storage options by installing built-in shelves, cabinets, or closet organizers. Tenants appreciate ample storage space to keep their belongings organized, contributing to a clutter-free living environment.

Improve lighting

Brighten up the interiors by adding more lighting fixtures or replacing old bulbs with energy-efficient LED lights. Well-lit spaces appear more inviting and spacious, enhancing the overall ambiance of the rental unit.

Upgrade window treatments

Replace outdated curtains or blinds with modern window treatments that allow natural light to filter in while offering privacy. Opt for neutral colors and versatile styles that appeal to a wide range of tastes.

Focus on security

Invest in security features such as deadbolts, window locks, and a reliable alarm system to ensure the safety of your tenants. Feeling secure in their home is a top priority for renters, and these upgrades can provide meaningful, genuine peace of mind.

Enhance outdoor spaces

If your rental property includes outdoor areas like a patio or balcony, consider sprucing them up with comfortable seating, outdoor rugs, and potted plants. Creating inviting outdoor spaces expands the living area and adds value to the rental property.

As landlords, investing in the enhancement of your rental properties is not merely about improving aesthetics; it’s about investing in the satisfaction and well-being of your tenants, and ultimately, in the success of your investment. By implementing these practical and affordable upgrades, you’re not only increasing the desirability of your units but also demonstrating your commitment to providing a high-quality living experience. 

These efforts translate into higher tenant retention rates, reduced vacancy periods, and ultimately, a healthier bottom line. Moreover, by prioritizing the comfort, safety, and happiness of your tenants, you’re fostering a sense of community and trust that can lead to long-term relationships and positive referrals. So, let’s embark on this journey of transformation together, turning rental properties into cherished homes and landlords into valued partners in creating exceptional living spaces.

Scott Bloom is owner and Senior Property Manager of Columbia Property Management. For more information and resources, visit ColumbiaPM.com.

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Real Estate

Real estate agents work hard for that commission

Despite recent headlines, buyers and sellers benefit from our expertise

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Realtors work hard for that rare six percent commission.

With there being a lot of noise in the media lately as I am sure you have read and heard headlines like “Gone are the days of the 6% commission” and “End of the good days of Realtors,” etc., I wanted to re-run a very short article of the long laundry list of things that well versed real estate agents bring to the table to earn that seldom 6% commission. It’s typically split in half and it has always been negotiable).

As a real estate professional you will go on listing appointments and buyer meetings to not only attempt to gain business but in doing so you also educate the general public on what it is that we as real estate professionals do. I know what you’re thinking – and if you’ve seen my photo before you wouldn’t be wrong to assume that I am cast in “Selling DC” as the lead villain. I am just waiting for that phone call! But in all seriousness, when I sit down to come up with a list of things to prove to prospective clients the value in working with me as their real estate professional, I am pretty blown away at the items and qualities that a trusted professional representing you in a real estate transaction is responsible for managing a myriad of tasks, including but not limiting to the following:

• Have a pulse on the marketplace to truly understand exactly what is happening from a buying and selling standpoint while also understanding the economic side of things – not just looking at interest rates. Why are rates where they are? What employers are laying off and could cause an influx of inventory? What are the trends for individuals moving IN or OUT of an area looking like? Forecasting the marketplace of all things that truly affect real estate is vital.

• Soft Skills – these are the skills often considered as customer service skills. The ability to be approachable by all types of people and ensure that you are open to receive information. Also – when telling you bad news – it’s important to ensure that it is done in a manner in which you, the receiver, will be pleasantly receptive.

• Pre-market vendors – not only are real estate professionals expected to market your home for sale or locate a home for you to purchase, we are also expected to have a list of pre-market vendors to which you can use for your lending needs, home inspection, title work, any fluffing and buffing needed pre market for the sale of your home such as a contractor, painter, landscaper etc. We have a book of extremely well vetted vendors that either I personally have used or past clients have used that can assist with your needs. This beats Googling for hours and accidentally choosing the wrong contractor. Section A of the pre-market vendor list includes those in which we real estate professionals use for marketing materials for your property – we will use the best photographers, have floor plans drawn for your property, video, staging, catering for brokers opens and the list goes on. Again – this is a well vetted list that we have worked on for years and done all of the heavy lifting and had those uncomfortable conversations when things are not properly executed – so you don’t have to.

• On Market Tasks – these are the tasks that most clients are unaware that we do. Oftentimes when a listing is on market – folks think that I am just cruising around in my convertible buying nice things. However I am in fact going around checking each listing on market to ensure that they are clean, the booties are replaced, marketing materials are stocked, light bulbs are all working, staging looks crisp and the list truly goes on. That of course, doesn’t include the tasks we do to properly market the property such as weekly email blasts, reaching out several times to follow up with showing agents to get their feedback, check the market to see what our competition looks like, what’s under contract and why, and again…..I could go on. Needless to say the most important and time consuming tasks are those that are done when the property is on market.

• “Contract to close” management – the term contract to close is pretty much what it sounds like – it’s what happens from the time we go under contract until we reach the closing finish line and you have those keys. Once a trusted real estate professional has fiercely negotiated on your behalf as a buyer, the fun starts. Again pops up this vendor list – helping guide you though selection of a home inspector, termite inspector, etc. for the inspections. A title attorney is needed (depending on your jurisdiction) and any other vendors for quotes like renovations, etc., that you might want done to the property. Once the inspection is completed and we go through possible re-negotiations then we must ensure that the lender has the documents needed from you completed in order to have the appraisal done to prove the value of the home you are under contract for. Now we are getting into the weeds – but once we are on the other side of things and the appraisal comes back at value and the loan is clear to close then we are at the finish line to your new home.

A similar story can be told if you are selling your home. The appraisal is a very important part of the checklist as that is the value in which your home is worth. The appraiser is a third party that neither the buyer, seller, lender or myself have any allegiance to. I do, however, have the duty to educate said appraiser on why I chose the listing price and how I came up with that value. 

• Post-market vendors. As mentioned before, a real estate professional should have a book of well vetted vendors from which to choose. Looking at the list of vendors now that we are on the other side of the table – I can provide a cleaning person, HVAC contractor, someone to repair the sprinkler system, a dog walker, the best caterers and bakery in town. Further down the road I am able to provide a wonderful wealth manager who can tell you what to do with that piece of real estate you purchased some time ago and we could go on for days.

While you are fully entitled to not use a real estate agent during your real estate transaction, I do believe that it is well within the realm of possibilities to say that without one there would be loose ends not completely tied up, things mismanaged and possible delays that could cost real cash. All of that aside, it is also such a truly wonderful experience to work alongside a trusted professional that at the end of the transaction becomes a new friend and family member. Real estate professionals love what they do, they love real estate and people and sheepherding you through the home buying or selling process is what it’s all about to us.

Justin Noble is a Realtor with Sotheby’s international Realty licensed in D.C., Maryland, and Delaware for your DMV and Delaware Beach needs. Specializing in first-time homebuyers, development and new construction as well as estate sales, Justin is a well-versed agent, highly regarded, and provides white glove service at every price point. Reach him at 202-503-4243,  [email protected] or BurnsandNoble.com.

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