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Uncertainty remains after Md. marriage opinion

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Even the experts are uncertain how Maryland courts will now treat legally married same-sex couples.

Gov. Martin O’Malley (D) promised state agencies would comply with Attorney General Doug Gansler’s finding two weeks ago that Maryland may legally recognize out-of-state same-sex marriages.

But circuit courts that handle family violence protection orders and divorce cases are not bound by O’Malley’s directive and must consider the opinion on its own merits, according to several legal experts who spoke with DC Agenda.

“It’s certainly their prerogative whether to follow that. I would like to think the courts would accept the opinion, but we don’t know,” said Barbara Babb, director of the University of Baltimore’s Center for Families, Children and the Courts.

“Legislative direction would certainly be a help to the courts, but I don’t think it’s necessary for them to do the right thing.”

Family law contains several rights and administrative advantages reserved for married couples and designed to protect families in the event of divorce. If the courts choose to recognize Gansler’s opinion, same-sex married couples would have access to family breakdown services, child support, alimony and division of marital property.

Other safety-net statutes that are currently available to same-sex families but made easier with legal marriage recognition include child-in-need and civil protection orders in the event of neglect or domestic violence.

But it gets more complex during the creation of a family. Stepchild adoption would be significantly streamlined for married same-sex couples, Babb said, but not all marriage certificates are equal.

“Although Maryland currently authorizes second-parent adoption, it would be very clear — assuming the judges follow the attorney general’s opinion,” she said.

But children who have not been formally adopted by their non-biological parent could be left in legal limbo, Babb said, because presumptive parenting rights have not traditionally been recognized in Maryland courts.

“That would be one of the really interesting questions,” she said. “If the second parent hasn’t adopted the child, [would] the court give legal guardianship or legal authority to the non-biological parent? That’s a remaining question that isn’t as clear under the family law statute.

“I would suspect that in the law in the state where the couple was married, both parents would be seen as the child’s parent. If that’s the case, then Maryland would honor that. But the courts have chosen not to follow the de facto parent doctrine, so there are certainly areas of law that the court has taken pretty strident stand on with regard to same-sex couples raising children already.”

Other areas of law where courts extend benefits to married couples, such as the establishment of trusts, wrongful death suits, presumptive claims on estates, mutual debt responsibility and spousal legal immunities, also are dependent on whether courts accept Gansler’s opinion.

A further set of rights for married couples required of third parties are automatic in theory, but may ultimately have to be decided by courts, such as extending health insurance benefits to a spouse, the right to hospital visitation and making funeral decisions.

Jana Singer, a University of Maryland law school professor, said the attorney general’s opinion was legally sound and would be treated with greater weight than an ordinary “friend of the court” brief.

She said that one case could be all that is required to clarify the issue, or it could take many cases in different areas of law.

“If they decide to be narrower, they could say within this particular statute, Maryland law extends recognition in this context,” Singer said. “It’s more likely that we’ll get a broader opinion where they say recognition applies widely to Maryland law statutes.”

Equality Maryland’s study of state law found 425 statutes that utilize marital status of familial relationship as a basis for granting a right, privilege or restriction. Such restrictions, where a spouse has fewer rights than an individual, include conflict of interest prohibitions on areas like awarding of contracts to family members, corporate directorship limitations and exemptions from first right of purchase.

Dan Friedman, Gansler’s counsel and a former University of Maryland professor of constitutional law, was unable to speak publicly on how the courts should rule, but said that Gansler’s opinion was constitutionally valid and the attorney general could not be removed from office for issuing it.

Friedman wrote to House Speaker Michael Busch this week regarding the powers of attorney general after state Del. Don Dwyer (R-Anne Arundel County) threatened impeachment proceedings against Gansler.

The American Civil Liberties Union of Maryland is standing in support of Gansler’s opinion saying the state should recognize out-of-state same-sex marriages due to the doctrine of comity, in which contracts are valid anywhere in the United States if they are valid in the state they were created.

“Unless and until something contrary is said, same-sex families should consider themselves married in the state of Maryland and expect to be treated as such,” said David Rocah, staff attorney for ACLU of Maryland. “But it will take some time for it to be clear what rights are extended to them. All of the things couples did to protect their families, they should continue to do, in addition to expecting to be treated like the married couples they are.”

ACLU, Lambda Legal and Equality Maryland have created an informational sheet on the issue and are publishing it online at www.aclu-md.org.

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District of Columbia

‘No Kings’ protests set for D.C.

Anti-Trump demonstrations to take place across country on Saturday

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A 'No Kings' protest took place in D.C. on Oct. 18, 2025. (Washington Blade photo by Michael Key)

As President Donald Trump and his administration escalate rhetoric targeting transgender youth and student athletes, push efforts to restrict voting access for millions of Americans, and pursue foreign policy decisions that critics say bypass congressional authority, organizers across the country are once again mobilizing in protest.

For many LGBTQ advocates, the moment feels especially urgent.

In recent months, activists have pointed to a surge in anti-trans legislation, attacks on gender-affirming care, and efforts to roll back nondiscrimination protections as direct threats to the safety and visibility of queer and trans communities. Organizers say the demonstrations are not just about policy, but about defending the right of LGBTQ people — particularly trans youth and people of color — to live openly and safely.

Thousands of “No Kings” protests are planned nationwide, with multiple demonstrations set to take place in D.C.

One of the primary events, “No Kings Washington,” will be held in Anacostia, an overwhelmingly Black area of D.C. that is often at the center of conversations around racial justice, policing, and access to resources in the nation’s capital.

The protest in Anacostia is focused on what organizers describe as the “power behind the throne,” specifically Stephen Miller, the White House Deputy Chief of Staff for Policy and Homeland Security Advisor. Miller has been closely associated with the administration’s “zero tolerance” immigration policy, including the family separation practice that resulted in thousands of children being separated from their parents at the Southern border.

Activists have also linked immigration enforcement policies to broader concerns about LGBTQ migrants, including queer asylum seekers who often face heightened risks of violence and discrimination both in their home countries and within detention systems.

Anacostia protest details:

Participants are asked to gather starting at 1:30 p.m. on the southeast side of the Frederick Douglass Bridge. The closest Metro station is Anacostia on the Green Line, about an 8-minute walk from the starting point. Organizers strongly encourage attendees to use public transportation, as street parking is limited.

The march will proceed past Fort McNair and conclude near the Waterfront Metro station.

D.C. icon and LGBTQ activist Rayceen Pendarvis is set to speak at the protest around 2 p.m.

Kalorama protest details:

A separate protest will take place earlier in the day in Kalorama, a neighborhood long associated with political power and home to presidents, cabinet officials, and foreign ambassadors. Demonstrators are expected to gather at 10 a.m., with a march running until approximately noon near the intersection of Connecticut Avenue and Kalorama Road.

Arlington/National Mall protest details:

Another group is expected to assemble at Memorial Circle near Arlington National Cemetery at 10 a.m. before crossing the Memorial Bridge into D.C., passing the Lincoln Memorial and continuing on to the Washington Monument. Organizers say the march is intended to defend “American democracy, the rule of law, and a healthy planet.”

Unlike last June — when organizers discouraged large-scale demonstrations in D.C. due Trump’s military/birthday parade — activists are now explicitly calling on people to show up in the nation’s capital and surrounding areas.

The protests also coincide with Transgender Day of Visibility weekend, which includes additional gatherings and celebrations on the National Mall. At the same time, peak bloom for the National Cherry Blossom Festival is expected to draw large crowds to the city. With multiple major events happening simultaneously, officials and organizers anticipate significant congestion, increased traffic, and crowded public transit throughout the weekend.

Organizers are urging participants to plan ahead and come prepared.

“Bring your signs, noisemakers, music, and creative ideas, and gather in joyful, nonviolent protest,” they said. “Children are very welcome.”

For more information, visit nokings.org.

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District of Columbia

Gay priest credited with boosting church support for LGBTQ Catholics

Fr. Tom Oddo’s biographer speaks at Dignity Washington event

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(Book cover image courtesy of Amazon)

The author of a biography of a U.S. Catholic priest said to have advocated for support by the Catholic Church of gay Catholics in the early 1970s has called Father Thomas ‘Tom’ Oddo a little known but important figure in the LGBTQ rights movement.

Tyler Bieber, author of the recently published book “Against The Current: Father Tom Oddo And the New American Catholic,” told of Oddo’s life and work on behalf of LGBTQ rights at a March 22 talk before the local LGBTQ Catholic group Dignity Washington.

Among Oddo’s important accomplishments, Bieber said, was his role as a co-founder of the national LGBTQ Catholic group Dignity U.S.A. in 1973 at the age of 29.

But as reported in the prologue of his book, Bieber presented details of the sad news that Oddo died in a fatal car crash in 1989 at the age of 45 in Portland, Ore., where he was serving as the highly acclaimed president of the University of Portland, a Catholic institution.

“He was a major figure in the gay rights movement in the 1970s, an unsung hero of that movement,” Bieber told Dignity Washington members, who assembled for his talk in a meeting room at St. Margaret Episcopal Church near Dupont Circle, where they attend their weekly Catholic mass on Sundays.

Tyler Bieber (Washington Blade photo by Lou Chibbaro, Jr.)

“And Dignity U.S.A. saw intense growth in membership and visibility” during its early years under Oddo’s leadership, Bieber said. “The story of Father Tom and his contemporaries is a story largely untold in the history of the gay rights movement, but one worth knowing and considering,” he said.

As stated in his book, Bieber told the Dignity Washington gathering Oddo was born and raised in a Catholic family on Long Island, N.Y., and attended a Catholic high school in Flushing Queens. It was at that time when he developed an interest in becoming a priest, according to Bieber.

After studying at the University of Notre Dame and completing his religious studies he was ordained as a priest in 1970 and began his work as a priest in the Boston area, Bieber said. It was around that time, Bieber told the Dignity Washington audience, that gay Catholics approached Oddo to seek advice on how they should interact with the Catholic Church. It was also around that time that Oddo became involved in a group supportive of then gay Catholics that later became a Dignity chapter in Boston.

In a development considered unusual for a Catholic priest, Bieber said Oddo in 1973 testified in support of gay rights bill before a committee of the Massachusetts Legislature and collaborated with then Massachusetts gay and lesbian rights advocate Elaine Noble.

In 1982, at the age of 39, Oddo was selected as president of the University of Portland following several years as a college teacher in the Boston area, Bieber’s book states. It says he was seen as a “vibrant and capable administrator who delivered real results to his campus,” adding, “His magnetism was obvious. One student described him as ‘John Kennedyesque’ to the university’s student newspaper.”

 Bieber said that although Oddo was less active with Dignity U.S.A. during his tenure as UP president, he continued his support for gay Catholics and what is now referred to as LGBTQ rights.

“For those that knew him prior to his term at UP, though, he represented something greater than an accomplished university administrator and educator,” Bieber’s book states. “He was a new kind of priest, a gay man living and ministering in a world set loose from tradition by the Second Vatican Council,” the book says.

It was referring to the Vatican gathering of worldwide Catholic leaders from 1962 to 1965 concluding under Pope Paul VI that church observers say modernized church practices to allow far greater participation by the laity and opened the way for sympathetic consideration of gay Catholics.

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District of Columbia

HRC to host National Rainbow Seder

Bet Mishpachah among annual event’s organizers

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(Photo by Rafael Ben Ari/Bigstock)

The 18th National Rainbow Seder will take place at the Human Rights Campaign on Sunday.

The sold out event is the country’s largest Passover Seder for the Jewish LGBTQ community.

Organizations behind the event include Bet Mishpachah, a local D.C. LGBTQ synagogue that Rabbi Jake Singer-Beilin leads, and GLOE, an Edlavitch DC Jewish Community Center program that sponsors events for the queer Jewish community. The theme for this year’s Seder is “Liberation For All Who Journey: Remembering, Resisting, Rebuilding.” Rabbis Atara Cohen, Koach Frazier, and Avigayil Halpern will lead it. 

The Seder will honor the late GLOE co-chair Michael Singer. Singer also served on the Edlavitch DC Jewish Community Center’s board.

“This Seder is both a celebration of how far we have come and a call to continue building a more just and inclusive world.” Bet Mishpachah Executive Director Joshua Maxey told the Washington Blade.

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