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.

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].
Congratulations to Ryan Levi on assuming the presidency of the D.C. chapter of the National Lesbian and Gay Journalists Association (DCNLGJA).
“I’m incredibly excited to take on this new leadership role with an organization full of incredible journalists,” Levi said. “In these uncertain and challenging times for many in our queer and trans community, I hope NLGJA can continue to be a space for queer and trans D.C. journalists to connect with their peers, find support, grow in their careers, and build community.”
Levi’s background includes being a reporter and producer with Tradeoffs Washington, D.C., where he reported and produced podcast episodes for the national nonprofit health policy news organization. Topics included ransomware attacks on hospitals, bias and AI in health care, and bringing Medicaid to incarcerated people. He was the lead reporter on The Fifth Branch, a special three-part series on mental health crisis response. His reporting was featured on NPR, PBS NewsHour, The Marshall Project, and Slate. He was a producer for KQED News, San Francisco, where he reported and produced sound-rich feature stories, developed, and executed engagement strategy, provided editorial feedback, and mixed pieces for the weekly Bay Curious podcast. Before that he was a producer and reporter at KBIA News in Columbia, Missouri.
Levi earned his bachelor’s degree in journalism from the University of Missouri, and a bachelor’s degree in Spanish, College of Arts and Science. He has won numerous honors and recognition for his work, including: Region 2 Edward R. Murrow Best News Series award for Three Refugees, Three Journeys to California; and second place 2017 Hearst Journalism Awards Radio Competition (reporter).
District of Columbia
LGBTQ-friendly senior living community to open near Dupont Circle
Luxury assisted living apartments located in the former Fairfax Hotel

An upscale senior and assisted living apartment building located two blocks from Dupont Circle, which is scheduled to hold a grand opening ceremony on Feb. 12, has announced it is “LGBTQ+ friendly.”
A statement released by the new seniors home, called the Inspir Embassy Row, located at 2100 Massachusetts Ave., N.W., says it is proud to have received recognition as a SAGECare Platinum Credentialed Provider from the New York City-based LGBTQ seniors advocacy and training group SAGE.
“To earn this prestigious credential, a minimum of 80 percent of Inspir’s management and non-management staff completed comprehensive training in LGBTQ+ aging cultural competency,” the statement says.
“The program covered crucial topics including historical and contemporary LGBTQ+ struggles, proper terminology usage related to sexual orientation and gender identity, and strategies to address the unique challenges faced by this demographic,” according to the statement sent to the Washington Blade.
Inspir Embassy Row’s general manager, Tim Cox, who is gay and said he lives with his husband just five blocks from the soon to open facility, provided the Washington Blade with a tour of the senior living building. He said it includes 174 apartments, including studio apartments and one and two-bedroom apartments.

Residents have signed up for about 45 of the apartments so far, Cox said, including some LGBTQ residents, who will begin moving in on Feb. 18. He said the upscale building is open to seniors who currently do not need assisted living services as well as those who need different levels of care, including memory loss care.
He said a doctor and nurse practitioner will be among the staff team providing services for residents. Although most of the apartments have a kitchenette with a refrigerator and microwave but no cooktop and a limited number have full kitchens, Cox said three meals a day will be served in the building’s large, first floor dining room. The building also includes common areas with spaces for entertainment such as the showing of movies and a large grand piano for visiting performers.
“At Inspir Embassy Row, we’re dedicated to creating an inclusive environment that celebrates the diversity of our residents,” Cox said in the statement released by the building, which is the former home of the Fairfax Hotel.

“This SAGECare certification is a testament to our commitment to providing personalized, compassionate care that respects and honors the identities and experiences of all our residents, including those in the LGBTQ+ community,” Cox said.
He added, “Our goal is to create a home where every resident feels valued, respected and free to be themselves. The SAGECare certification is just the beginning of our journey to set a new standard for inclusive senior living in Washington, D.C.”
But the monthly rent for residents of Inspir Embassy Row will likely place it out of reach for many potential senior residents. Cox said the monthly rent for a one-room studio apartment is $8,100, with the monthly cost of a one-bedroom apartment ranging from $11,500 to about $15,000. A two-bedroom apartment will cost $18,500 per month.
Some of those costs will be covered for residents who have long-term care insurance, Cox said.
Asked if potential residents who can afford the monthly costs at Inspir Embassy Row would be better off staying in their own homes and hiring staff and others to comfortably assist them, Cox said Inspir provides far more than just meals and a place to stay.

When remaining at your own home “you’re isolated, you’re lonely, you don’t have activities,” he said. “When you have people coming to care for you, they’re not there as companions,” Cox said. “So, for this, we give them opportunities. We take them to the Kennedy Center. We have music here on a daily basis.”
Cox added, “We have authors come in. We have speakers that are renowned coming in. Since we’re on Embassy Row, we’ll have ambassadors come in to introduce their country. So, really it is being able to get to know our community better and being social, interactive.”
The statement released by Inspir Embassy Row says the facility will provide “LGBTQ+ specific activities, events, or support groups to allow residents the opportunity to share similar experiences with other residents,” and there will be “partnerships with local LGBTQ+ organizations.”

District of Columbia
Officials praise D.C. Office of LGBTQ Affairs, raise concern over funding delays
Leaders of local advocacy groups testify at Council oversight hearing

Officials with five local LGBTQ community organizations and officials with another four groups that also provide services for LGBTQ D.C. residents testified before a D.C. Council performance oversight hearing on Jan. 30 that examined the work of Mayor Muriel Bowser’s Office of LGBTQ Affairs.
The hearing, which also examined the Mayor’s Office of Veterans Affairs and Office of Religious Affairs, was called by D.C Council member Brianne Nadeau (D-Ward 1) in her role as chair of the Council’s Committee on Public Works and Operations.
Nearly all the witnesses praised what they called the LGBTQ Affairs Office’s longstanding support for the D.C. LGBTQ community through a wide range of services and programs and what they called the “dedicated” work of its director, Japer Bowles.
Officials with at least four of the LGBTQ organizations, including the D.C. LGBTQ Budget Coalition and the LGBTQ youth advisory group SMYAL, expressed concern over what they called long delays in funding from grants awarded to LGBTQ and LGBTQ supportive groups by the Office of LGBTQ Affairs.
Several of the witnesses, including Kimberley Bush, executive director of the D.C. LGBTQ+ Community Center, who submitted written testimony, said the funding delays were being caused by other D.C. government agencies that administer city grant programs.
Bush stated that the delays in funding for the LGBTQ+ Community Center for a $50,000 Community Development Grant and a $50,000 Violence Prevention and Response Team (VPART) Grant, “by no fault” of the LGBTQ Affairs Office, “caused extraordinary and substantial financial strain on our cash flow.”
Heidi Ellis, coordinator of the D.C. LGBTQ+ Budget Coalition, raised a related issue of concern that the mayor’s office, based on “shifting priorities,” sometimes significantly lowers the level of grant funds from the Office of LGBTQ Affairs to community-based LGBTQ grant recipients.
Ellis and other witnesses at the hearing referred to this as “yo-yo funding and shifting of mayoral priorities” that they said makes it difficult for LGBTQ groups receiving city grants to continue their programs and services.
In his own testimony, and in response to questions from Nadeau and D.C. Council member Zachary Parker (D-Ward 5), who is the Council’s only gay member, LGBTQ Affairs Office Director Bowles said some of the delays in grant payments were due to a vacancy in the office staff position that administers the grants, which he said has now been filled.
Among other things, Bowles said the complexity of the grant approval process, which he said involves “different layers of funding decisions” by other D.C. government offices, also has caused some delays. He said that despite what he called some of his office’s challenges, the office continues to expand its role in supporting the local LGBTQ community.
“With Mayor Bowser’s leadership and support, I’m proud to have led efforts that transformed the office,” he stated in his testimony. “We secured the bid for WorldPride 2025, expanded our grant programs from $75,000 to over $6 million, revamped our community engagement strategy, and much more,” he said.
“These changes have had a direct impact on addressing public safety concerns and providing housing and support to vulnerable residents,” he added. According to Bowles, his office’s LGBTQIA+ Community Development Grant program saw a record expansion in fiscal year 2024, with more than $1 million awarded to 29 community-based organizations. (The Washington Blade has been a recipient of a grant that funds a journalism fellow who reports on local LGBTQ community news.)
“These grants support a wide range of LGBTQIA+ dedicated initiatives, including mental health counseling, youth leadership, and arts and culture projects,” he said. “As part of our broader advocacy efforts, we secured funding for the Violence Prevention and Response Team, which provides trauma-informed legal and counseling services to survivors of hate-based incidents.”
Among the LGBTQ officials who praised Bowles’s work and the LGBTQ Affairs Office while raising concerns about the office’s ability to carry out its ambitious programs was Vincent Slatt, chair of the D.C. Advisory Neighborhood Commission’s Rainbow Caucus. The caucus currently consists of 38 out LGBTQ ANC commissioners based in all eight D.C. wards.
Slatt called on Mayor Bowser and the D.C. Council to increase the number of full-time staff members for the LGBTQ Affairs Office from its current six staff members to 10 or 11 full-time staffers.
“To address these challenges, we strongly recommend increasing the office’s staff to match the scale of its responsibilities and the growing needs of our community,” Slatt told the committee. He added that the office’s current “chronic staffing and budget shortage disparities will become even more concerning in light of the recent and anticipated homophobic and transphobic attacks expected from the White House and Congress.”
The other LGBTQ community witnesses who praised the LGBTQ Affairs Office’s overall work were Rebecca York, SMYAL’s director of Youth Development and Community Engagement; Justin Johns, director of operations for the D.C. LGBTQ+ Community Center; Ryan Bos, executive director of the Capital Pride Alliance; and Bo Belotti, development manager for the community services organization HIPS.
In response to a request from the Washington Blade for comment on whether the mayor and other city officials were taking steps to address the issue of grant funding delays raised at the D.C. Council hearing, the office of the mayor released this statement: “Washington, D.C. is proud to support the LGBTQIA+ community. The Mayor’s Office of LGBTQ Affairs continues to deliver impactful programs with its dedicated staff, and we are always assessing ways to enhance support across all community affairs offices.”
The Office of the D.C. Deputy Mayor for Planning and Economic Development (DMPED) responded to the Blade inquiry with its own statement: “DMPED has been working closely and collaboratively with the D.C. LGBTQ+ Community Center to finalize their grant agreement. We are proud to support this transformative project that is delivering a world-class services center for our LGBTQ community.”
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