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Maryland high court recognizes out-of-state gay marriages

Maryland Court of Appeals rules legally married gay couples can divorce in the state.

Published

13 years ago

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The Maryland Court of Appeals on Friday unanimously ruled that same-sex couples who were legally married in other jurisdictions can get divorced in the state.

The 7-0 decision comes after Maryland resident Jessica Port and Virginia Anne Cowan of the District of Columbia appealed a Prince George’s County trial judge’s 2010 denial of their divorce petition. The women married in California in Oct. 2008, less than a month before the state’s voters approved Proposition 8 that banned nuptials for gays and lesbians. Port and Cowan separated eight months later and filed for divorce while they both lived in Maryland.

Attorney General Douglas Gansler opined in Feb. 2010 that the state could recognize same-sex marriages that were legally performed in the District of Columbia and other jurisdictions. Governor Martin O’Malley subsequently ordered state agencies to recognize such unions.

“A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to applicable statutes, reported cases and court rules of this state,” read the decision.

O’Malley welcomed the 21-page ruling.

“Today’s unanimous decision by the Maryland Court of Appeals confirms that the policy of recognizing out-of-state same-sex marriages that we have implemented in the Executive Branch is valid and consistent with the law,” he said in a statement. “To treat families differently under the law because they happen to be led by gay or lesbian couples is not right or just.  Today’s decision is another step forward in our efforts to ensure that every child is protected equally under the law.  As a free and diverse people, the way forward is always to be found through greater respect for the equal rights of all; for the human dignity of all.”

Michele Zavos, a lawyer with Zavos Juncker Law Group who represented Port, applauded the decision.

“We’re all enormously excited because this decision establishes marriages between same-sex couples that are valid in another jurisdiction are valid in Maryland,” she said.

The National Center for Lesbian Rights and Lambda Legal served as co-counsel on the case.

“The decision could not be better for our community,” said NCLR Legal Director Shannon Minter. “The court accepted all of the arguments we presented. Although the holding is specifically about divorce, the analysis would apply to any marital benefit or protection.”

The court’s ruling comes less than three months after O’Malley signed the state’s marriage equality bill into law.

Rhode Island Gov. Lincoln Chafee on Monday signed an executive order recognizing out-of-state same-sex marriages. Then-New York Gov. David Paterson in 2008 directed state agencies to recognize the nuptials of gays and lesbians who legally wed in other jurisdictions.

Maryland voters will likely vote on a referendum in November that would bar marriage for same-sex couples. Both the plaintiffs’ lawyers and legal observers noted that the ban on nuptials for gays and lesbians would not impact the court’s decision.

“One reason this decision is so important is that the court’s ruling will not be changed even if, in the worst case scenario, the new marriage equality law were to be repeated in a referendum vote,” said Minter. “Valid marriages from other state would still be recognized in Maryland.  Because same-sex couples can marry right next door in D.C., this provides powerful protection.”

“Same-sex couples in Maryland can be married and can have their marriages recognized,” added Susan Sommer, director of constitutional litigation at Lambda Legal. “Marriage has come to stay in Maryland.”

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Virginia

Walkinshaw wins Democratic primary in Va. 11th Congressional District

Special election winner will succeed Gerry Connolly

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20 hours ago

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July 1, 2025

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James Walkinshaw(Photo public domain)

On Saturday, Fairfax County Supervisor James Walkinshaw won the Democratic primary for the special election that will determine who will represent Virginia’s 11th Congressional District.

The special election is being held following the death of the late Congressman Gerry Connolly, who represented the district from 2008 until 2024, when he announced his retirement, and subsequently passed away from cancer in May.

Walkinshaw is not unknown to Virginia’s 11th District — he has served on the Fairfax County Board of Supervisors since 2020 and had served as Connolly’s chief of staff from 2009 to 2019. Before he passed away, Connolly had endorsed Walkinshaw to take his place, claiming that choosing Walkinshaw to be his chief of staff was “one of the best decisions I ever made.”

The Democratic nominee has run his campaign on mitigating Trump’s “dangerous” agenda of dismantling the federal bureaucracy, which in the district is a major issue as many of the district’s residents are federal employees and contractors.

“I’m honored and humbled to have earned the Democratic nomination for the district I’ve spent my career serving,” Walkinshaw said on X. “This victory was powered by neighbors, volunteers, and supporters who believe in protecting our democracy, defending our freedoms, and delivering for working families.”

In addition to protecting federal workers, Walkinshaw has a long list of progressive priorities — some of which include creating affordable housing, reducing gun violence, expanding immigrant protections, and “advancing equality for all” by adding sexual orientation and gender identity to the Fair Housing Act.

Various democratic PACs contributed more than $2 million to Walkinshaw’s ad campaigns, much of which touted his connection to Connolly.

Walkinshaw will face Republican Stewart Whitson in the special election in September, where he is the likely favorite to win.

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Maryland

LGBTQ suicide prevention hotline option is going away. Here’s where else to go in Md.

Changes will take effect July 17

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1 day ago

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July 1, 2025

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(Bigstock photo by Mihailo K)

By ANNA RUBENSTEIN | The national suicide prevention hotline will no longer offer specialized support to LGBTQ people, starting July 17, the Trump administration announced last week.

Dialing the hotline at 988 will still be available for crisis support. But callers will no longer be able to reach specific LGBTQ services by pressing Option 3. The change worries advocates because their data shows the LGBTQ community has a disproportionally high suicide rate.

Even after the option ends, here’s how to receive tailored support if you’re in Maryland.

The rest of this article can be found on the Baltimore Banner’s website.

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Maryland

Silver Spring holds annual Pride In The Plaza

‘Today means inclusion. It means to build resilience’

Published

2 days ago

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June 30, 2025

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A scene from Pride in the Plaza in Silver Spring, Md. on Sunday. (Washington Blade photo by Michael Key)

Silver Spring’s annual Pride in the Plaza event took place on Sunday to celebrate the LGBTQ community and emphasize inclusion and resilience.

“Today means inclusion. It means to build resilience, love,” Robyn Woods, program and outreach director for Live In Your Truth, which organized the event, said. “I mean, just being surrounded by the community and so many great entrepreneurs, business owners, and just being a part of this whole rainbow coalition that we call the LGBTQIA to be about.”

With the event being her first time organizing for Live In Your Truth, Woods said she felt emotional to see the support and love at the event.

“Some people (are) bringing out their children, their babies, their grandparents,” Woods said. “It’s a lot more allies here than anything else. That type of support to me means so much more than just support from my community; just outside support, inside support, so much support around it, so much love. Everyone’s smiling outside, helping each other.” 

Attendees of the event were able to head over to the Family Fun Zone, an air-conditioned Pride Cool Down Lounge, or watch live drag performances in the main stage area. 

Along with entertainment and a shaved-ice stand, rows of information tables stood along the plaza, including FreeState Justice, the Washington Spirit, Trans Maryland, Moco Pride Center, and the Heartwood Program, an organization that offers support, therapy, education, and resources to the LGBTQ community. 

“I want people to know about our services, and I love what we have to offer,” Jessica Simon, psychotherapist for Heartwood Program’s Gender Wellness Clinic, said. “I (also) want to be part of a celebration with the community, and so it feels good to be here with other people who have something they want to give to the community.”

She added that within today’s political climate, to which she called an “antidote to shame,” it’s important to be celebrating Pride. 

“There’s a lot of demonization of LGBTQI people,” Siena Iacuvazzi, facilitator for Maryland Trans Unity, said. “(Pride) is part of the healing process.” 

Iacuvazzi said she was taught to be ashamed of who she was growing up, but being a part of a community helped her flourish in the future. 

“I was taught how to hate myself. I was taught that I was an abomination to God,” she said. “But being a community is like understanding that there are people who have experienced the same thing, and they’re flourishing. They’re flourishing because they’re willing to stand up for themselves as human beings and discover themselves and understand what’s true for themselves.”

She added that Pride allows for a mutual understanding to take place. 

“It’s more of a sense of belonging … and just taking that home and understanding you’re not alone,” Iacuvazzi said. “We’re each taking our own journey — we’re not putting that on each other. It’s just walking away with a sense of belonging and humanity.”

Similar to Iacuvazzi, Woods said she hopes attendees’ biggest takeaways would be family, fun, resilience, and pride. 

“Being proud of yourself, being happy for who you are, and representation and how much it matters,” she continued. “And I think all these young people that are walking around here get to see versions of themselves, but older. They get to see so many different lesbian, gay, bisexual, pansexual people that are successful, that are showing love, that care, and it’s not how we’re portrayed in the media. It’s lovely to see it out here. (It’s) like we’re one big old, happy family.”

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