Local
Uncertainty remains after Md. marriage opinion
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.
Delaware
Democrat Maureen ‘Mo’ Madden takes on longtime GOP stronghold in Delaware’s 38th
Out lesbian candidate for state House focused on infrastructure needs, voting rights
Democrat Maureen “Mo” Madden is running for the Delaware House of Representatives in the 38th District, seeking to win a seat that has been held by Republicans for more than two decades.
The race opened up after Republican state Rep. Ron Gray announced in April that he would not seek reelection after seven terms in the General Assembly.
Gray was first elected in 2012 and represents communities including Bethany Beach, Fenwick Island, Selbyville and Ocean View. Madden, a Dagsboro resident, filed to run for the seat in 2025.
Madden is a retired federal civil servant who spent nearly 23 years at NASA and more than seven years at the National Oceanic and Atmospheric Administration. She holds a master’s degree in physics and previously worked in leadership at NOAA.
She said her professional experience taught her the importance of working collaboratively, something she believes would translate to the legislature.
“Advocating, negotiating, and collaborating are all skills that a legislator needs,” she said. “You learn to collaborate. You learn to negotiate. You learn to advocate for your budget, for your team, and for your projects.”
Madden said her decision to run began after she and her wife moved to the area and she noticed the lack of Democratic candidates on the ballot in her district.
“Somebody’s got to do it, and I’ve got time. I’m retired,” said Madden.
She acknowledged the difficulty of running as a Democrat in the district, which has been represented by Republicans since 2002.
Madden said one of the biggest concerns she hears from residents is the rapid growth of Sussex County.
“We have a massive amount of growth and a massive amount of development,” said Madden.
Madden said the growth has placed additional pressure on roads, schools, emergency services, as well as water and sewer infrastructure.
“We need to find a way to bring more money down here for the school system and for the infrastructure that we need,” she said.
She also raised concerns about the impact of new developments on existing neighborhoods, particularly in regard to flooding and drainage.
“Something needs to be done,” said Madden.
Madden also pointed to climate change as a factor affecting the region.She said the state will need to work on both addressing development and preparing communities for increasingly severe weather.
“We have to work both sides of it,” Madden said.
Madden said improving infrastructure would be a priority if she is elected, particularly roads and other infrastructure that affect residents’ daily lives.
“I want to increase the safety of my neighbors,” she said.
Madden also said she wants to address infrastructure needs related to water and sewer service, as well as the availability of health care in the rapidly growing coastal region.
Madden said protecting voting rights would be another priority in the legislature.
“The right to vote is one of the biggest things that we have here in a democracy,” she said.
She said that she supports early voting, mail-in voting, and same-day registration, as well as restoring voting rights to people who have completed felony sentences.
“You should not lose a constitutional right because you’ve been in jail,” said Madden.
“Protecting the right to vote is how I will defend democracy when I get to the state House,” she said.
Madden said she would also support efforts to enshrine certain rights in the Delaware Constitution, including reproductive rights, voting rights, and the right to marriage.
“Those three protections of our freedoms that are right now under attack need to be more secure in the Delaware State Constitution,” she said.
As an openly lesbian candidate, Madden said LGBTQ+ rights are important to her, particularly the treatment of young transgender people.
She said she is concerned about efforts to restrict transgender students’ participation in sports and other policies affecting transgender people.
“They are picking on the most vulnerable of the most vulnerable,” said Madden.
She said she hopes voters will view LGBTQ+ people as part of their communities rather than as fundamentally different from their neighbors.
“We’re your neighbors. We’re your friends. We’re your family,” she said.
Madden will face Republican Carlie Carey in the general election on Nov. 3.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
It is exciting to write about Nick Tsusaki, the founder and owner of Spark Social, 2009 14th St., N.W. Tsusaki just announced the official opening, on Sunday, Aug. 23, of a new daytime event, called Spark Coffee Club, a great opportunity to meet up with friends, or meet new ones. It is in partnership with Go Gay DC and runs 12-1 p.m., every Sunday. If you are new to D.C., you can browse more than 180 local LGBTQ+ community groups Tsusaki has listed on the community tab of his website: spark-dc.com/community.
“I’ve been out for most of my life, but it wasn’t until I started working in queer spaces, surrounded by queer people, that I really felt proud, even lucky, to be gay,” he said. “I hope Spark is a place where more people come to that same realization.”
Tsusaki went to Georgetown for his undergraduate studies, and spent four years doing Navy ROTC, then went into the Navy. He told me, “Town was the first gay bar I ever went to. It was always such a liberating and euphoric experience, I knew I wanted to come back to D.C. permanently, after the Navy.”
During his eight years in the Navy, Tsusaki spent time in among other places, Bahrain, and Korea. He was D.C. operations manager, where he managed large, diverse teams, across multiple countries, supervising logistics, scheduling, safety protocols, and daily operational readiness. He also directed emergency response and crisis management operations, including White House support, COVID-19 response planning, and major safety and security protocols protecting tens of thousands of personnel.
Tsusaki recounted, “When I left the Navy in 2023, I applied to every gay bar in the city. Fortunately, Shakers, was just opening at that time, and I started as a barback on the opening team. My appreciation for the D.C. LGBTQ+ community, and LGBTQ+ spaces only grew as I worked with and met some of the most hilarious, talented, proud, diverse, and supportive people in my life. After just a year in the industry, my passion had grown so strong I decided I wanted to open my own venue.”
Tsusaki then built Spark Social, and now supervises a 20-person team across café, bar, retail, and nightlife operations, ensuring strong safety standards, clear procedures, and consistent guest experience. He has developed a deeply trusted neighborhood presence through strong community partnerships, resulting in a 4.9 Google rating with 120+ reviews. He created an innovative 1-for-1 cocktail menu offering alcoholic and non-alcoholic options, with equal quality and presentation, and promotes an inclusive nightlife for non-drinkers. He has established Spark as a unique market leader in LGBTQ+ hospitality, combining daytime café culture, with late-night programming, and community-centered events. So, whether you go for the new community coffee hour on Sundays, or any other time, Spark Social is a place where you will feel comfortable.
Tsusaki earned his bachelor’s of science degree in foreign service, Georgetown University; and master’s in business analytics from the University of Virginia, Darden School of Business.
Maryland
Anne Arundel schools updates gender identity regulation following Trump administration threats
District facing federal lawsuit, White House threats over guidelines
By JESSICA CALEFATI | Under pressure from the Trump-Vance administration, Anne Arundel County Public Schools Supt. Mark Bedell announced Wednesday the district had updated a regulation intended to protect transgender students’ right to be called by their chosen name.
The revised language makes clear that district rules on gender identity do not block parents’ rights under the Family Educational Rights and Privacy Act as the federal government alleged last month, and that a student’s gender identity will not be treated as confidential medical information.
“No policy, guideline, or practice may limit or otherwise interfere with parental rights under FERPA,” Bedell wrote in a Wednesday letter to the community. “This includes any information maintained in education records that relates to gender identity, transgender status, sexual orientation, preferred name, or preferred pronouns.”
The rest of this article can be read on the Baltimore Banner’s website.
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