Commentary
5 things you should know before you say ‘I do’
To be certain, there are more than five things to consider before you decide to get married: Where are we going to live? Will we grow old together? Should we open a joint checking account? How will we file our income taxes? At which parent’s house will we spend the holidays? These are all are examples of what may come to mind.
Thankfully, gays and lesbians in the District and in Maryland now have the opportunity to consider entering a marital union that is recognized by their state of residence. In the District, the historic vote by the City Council in December 2009 allowed same-sex couples to obtain valid marriage licenses and get married effective March 3, 2010. In Maryland, Attorney General Douglas Gansler published an opinion on Feb. 23 opening the door for the recognition of same-sex marriages that are validly performed in other states.
Many gays and lesbians have never had to seriously concern ourselves with exchanging vows. Never having had a talk about marriage with a parent or other mentor may have left an information gap. Faced with the reality that we really can marry, many of us are not prepared for all that marriage offers, nor what it requires of us.
Simply put, you don’t know what you don’t know. The excitement of our newly gained right, the love, the romance, the feeling of freedom and justice may crowd out some very important questions to ask about marriage and about your soon-to-be spouse. Before you tie the knot, jump the broom, take the plunge or settle down, take time to consider and talk through the non-romantic aspects of marriage: finances, economics, and the law. Here are some considerations.
Marriage is not a cure-all to protect your partner and your relationship. Marriage is still not recognized by the federal government because of the Defense of Marriage Act. That means protections afforded to opposite sex married couples in the tax code, ERISA, Social Security, Medicare and Medicaid, the Family and Medical Leave Act, immigration laws and many other areas of the law are not available to same-sex married couples.
Many states like Virginia have draconian laws invalidating your marriage while you visit there. For example, if you and your spouse hike the Appalachian Trail and you get seriously injured near Roanoke, your spouse may not be allowed to visit you in the hospital.
Recognition of our marriages is a giant step forward in protecting our loved ones, but you should not stop at “I do” and assume your affairs are in order. You still need to put an estate plan in place, a health care power of attorney (including a HIPAA authorization and living will), a durable financial power of attorney, and a last will and testament — and for some, a revocable living trust.
Your spouse can now sue you for alimony if you get divorced. Not a pleasant thought to have as you walk down the aisle; however, the economics of marriage are important to understand. Historically, a spouse who is wealthier may get saddled with alimony payments to support the less wealthy spouse upon a separation or divorce. In addition, all the income earned by both spouses during the marriage, including wages, dividends and appreciation in investments, is considered marital property. A judge may decide how to divide your marital property at the time of a divorce regardless of who earned it or added the most equity to it.
The law looks at marriage as an economic partnership between the spouses. One may contribute money, while the other supplies sweat equity. Unless you agree otherwise before the nuptials, all the marital property is equitably divided upon dissolution. This problem can be addressed in a prenuptial agreement (a “prenup”). In some states you can make an agreement during the marriage, too.
A creditor of your spouse can take your assets. One common mistake couples make is to title assets in their names as joint tenants with rights of survivorship, but without considering the consequences. In some cases, titling an asset like a house or a checking account as joint tenants with rights of survivorship can be a good choice. For example, it can create a cohesive feeling of permanence and shared experience. It can also be a good tool to practice communication and navigate interdependence. But it comes with severe risk for the unwary.
If your spouse — or for that matter a non-spouse who is your joint tenant on an asset or account — has a judgment creditor, that creditor can come after the entire jointly owned asset — yes, even your share of it. While this may seem counterintuitive, property law determines that parties to a joint tenancy (with rights of survivorship) each own an undivided share in the whole asset. Therefore, the creditor of one of the joint tenants has a right to the entire asset.
There are other reasons to avoid joint tenancies, such as gift tax consequences and loss of control. The easiest way around this problem is to simply avoid co-mingling assets and keep your possessions in your own name. Talk to your estate planning attorney about it. Know the benefits and risks prior to changing title.
You may become disqualified to receive certain public benefits by being married. Eligibility for public benefits like Medicaid is complex. Eligibility requirements vary from state to state and can be negatively affected by either (1) marriage because of family income levels; or (2) a wealthier spouse leaving an inheritance to a less wealthy spouse.
If the couple has minor children who are dependent on public health care, it is imperative that the couple carefully weigh how marriage will impact their ability to qualify for public benefits, or to qualify in the future. In other words, do not make a quick emotional decision. Instead, get reliable advice before applying for the marriage license.
“You can’t disinherit your spouse” or “Divorce is not cheap and easy.” Marriage is an officially authorized union with a long and rich legal history. Part of that history includes laws that require that you take care of your spouse. You cannot leave them with nothing.
Consider this scenario: Chris and Kim, residents of Maryland, just got married in D.C. They are economically independent and each has their own assets. They have no children. Eight months into the marriage, Chris and Kim begin to drift apart after an argument. Kim moves out less than a year after their nuptials. Both move on with their lives, but they never officially end the marriage. Upon Kim’s death, 10 years later, Chris claims one-half of Kim’s estate.
Even if you have an estate plan in place, your spouse (or your spouse’s representatives) may un-do your plan. Generally speaking, a surviving spouse is entitled to anywhere from one-third to one-half of the deceased spouse’s property at death. In addition, a surviving spouse may have certain allowances for property against the estate. The only way to make certain that the goals of your estate plan are accomplished is by executing a prenuptial (or marital) agreement with your spouse waiving your respective rights to your estates.
Just because you can does not mean that you should get married. Many of us fight and advocate fiercely for the right to get married. Now that our community enjoys that right in some places, we must carefully consider if it is the right decision for us individually. If it is, be well prepared so that you can reduce or eliminate the unintended consequences from the legal side of marriage.
J. Max Barger, an attorney and MBA, is Senior Council at Ackerman Legal where he leads the Estate Planning, Business Succession and Probate practice group. Max will be presenting “Five Things You Should Do Before You Say “I Do” at the Hillyer Museum and Art Space on Wednesday April 7 at 7 p.m. The seminar is sponsored by Merrill Lynch, GAYLAW and Ackerman Legal.
Commentary
Perfection is a lie and vulnerability is the new strength
Rebuilding life and business after profound struggles
I grew up an overweight, gay Black boy in West Baltimore, so I know what it feels like not to fit into a world that was not really made for you. When I was 18, my mother passed from congestive heart failure, and fitness became a sanctuary for my mental health rather than just a place to build my body. That is the line I open most speeches with when people ask who I am and why I started SWEAT DC.
The truth is that little boy never really left me.
Even now, at 42 years old, standing 6 feet 3 inches and 225 pounds as a fitness business owner, I still carry the fears, judgments, and insecurities of that broken kid. Many of us do. We grow into new seasons of life, but the messages we absorbed when we were young linger and shape the stories we tell ourselves. My lack of confidence growing up pushed me to chase perfection as I aged. So, of course, I ended up in Washington, D.C., which I lovingly call the most perfection obsessed city in the world.
Chances are that if you are reading this, you feel some of that too.
D.C. is a place where your resume walks through the door before you do, where degrees, salaries, and the perfect body feel like unspoken expectations. In the age of social media, the pressure is even louder. We are all scrolling through each other’s highlight reels, comparing our behind the scenes to someone else’s curated moment. And I am not above it. I have posted the perfect photo with the inspirational “God did it again” caption when I am feeling great and then gone completely quiet when life feels heavy. I am guilty of loving being the strong friend while hating to admit that sometimes I am the friend who needs support.
We are all caught in a system that teaches us perfection or nothing at all. But what I know for sure now is this: Perfection is a lie and vulnerability is the new strength.
When I first stepped into leadership, trying to be the perfect CEO, I found Brené Brown’s book, “Daring Greatly” and immediately grabbed onto the idea that vulnerability is strength. I wanted to create a community at SWEAT where people felt safe enough to be real. Staff, members, partners, everyone. “Welcome Home” became our motto for a reason. Our mission is to create a world where everyone feels confident in their skin.
But in my effort to build that world for others, I forgot to build it for myself.
Since launching SWEAT as a pop up fundraiser in 2015, opening our first brick and mortar in 2017, surviving COVID, reemerging and scaling, and now preparing to open our fifth location in Shaw in February 2026, life has been full. Along the way, I went from having a tight trainer six pack to gaining nearly 50 pounds as a stressed out entrepreneur. I lost my father. I underwent hip replacement surgery. I left a relationship that looked fine on paper but was not right. I took on extra jobs to keep the business alive. I battled alcoholism. I faced depression and loneliness. There are more stories than I can fit in one piece.
But the hardest battle was the one in my head. I judged myself for not having the body I once had. I asked myself how I could lead a fitness company if I was not in perfect shape. I asked myself how I could be a gay man in this city and not look the way I used to.
Then came the healing.
A fraternity brother said to me on the phone, “G, you have to forgive yourself.” It stopped me in my tracks. I had never considered forgiving myself. I only knew how to push harder, chase more, and hide the cracks. When we hung up, I cried. That moment opened something in me. I realized I had not neglected my body. I had held my life and my business together the best way I knew how through unimaginable seasons.
I stopped shaming myself for not looking like my past. I started honoring the new ways I had proven I was strong.
So here is what I want to offer anyone who is in that dark space now. Give yourself the same grace you give everyone else. Love yourself through every phase, not just the shiny ones. Recognize growth even when growth simply means you are still here.
When I created SWEAT, I hoped to build a home where people felt worthy just as they are, mostly because I needed that home too. My mission now is to carry that message beyond our walls and into the city I love. To build a STRONGER DC.
Because strength is not perfection. Strength is learning to love an imperfect you.
With love and gratitude, Coach G.
Gerard Burley, also known as Coach G, is a D.C.-based fitness entrepreneur.
Commentary
Elusive safety: what new global data reveals about gender, violence, and erasure
Movements against gender equality, lack of human rights data contributing factors.
“My identity could be revealed, people can say whatever they want [online] without consequences. [Hormone replacement therapy] is illegal here so I’m just waiting to find a way to get out of here.”
-Anonymous respondent to the 2024 F&M Global Barometers LGBTQI+ Perception Index from Iraq, self-identified as a transgender woman and lesbian
As the campaign for 16 Days Against Gender-Based Violence begins, it is a reminder that gender-based violence (GBV) — both on– and offline — not only impacts women and girls but everyone who has been harmed or abused because of their gender or perceived gender. New research from the Franklin & Marshall (F&M) Global Barometers and its report A Growing Backlash: Quantifying the Experiences of LGBTQI+ People, 2022-2024 starkly show trends of declining safety among LGBTQI+ persons around the world.
This erosion of safety is accelerated by movements against gender equality and the disappearance of credible human rights data and reporting. The fight against GBV means understanding all people’s lived realities, including those of LGBTQI+ people, alongside the rights we continue to fight for.
We partnered together while at USAID and Franklin & Marshall College to expand the research and evidence base to better understand GBV against LGBTQI+ persons through the F&M Global Barometers. The collection of barometers tracks the legal rights and lived experiences of LGBTQI+ persons from 204 countries and territories from 2011 to the present. With more than a decade of data, it allows us to see how rights have progressed and receded as well as the gaps between legal protections and lived experiences of discrimination and violence.
This year’s data reveals alarming trends that highlight how fear and violence are, at its root, gendered phenomena that affect anyone who transgresses traditional gender norms.
LGBTQI+ people feel less safe
Nearly two-thirds of countries experienced a decline in their score on the F&M Global Barometers LGBTQI+ Perception Index (GBPI) from 2022-2024. This represents a five percent drop in global safety scores in just two years. With almost 70 percent of countries receiving an “F” grade on the GBPI, this suggests a global crisis in actual human rights protections for LGBTQI+ people.
Backsliding on LGBTQI+ human rights is happening everywhere, even in politically stable, established democracies with human rights protections for LGBTQI+ people. Countries in Western Europe and the Americas experienced the greatest negative GBPI score changes globally, 74 and 67 percent, respectively. Transgender people globally reported the highest likelihood of violence, while trans women and intersex people reported the highest levels of feeling very unsafe or unsafe simply because of who they are.
Taboo of gender equality
Before this current administration dismantled USAID, I helped create an LGBTQI+ inclusive whole-of-government strategy to prevent and respond to GBV that highlighted the unique forms of GBV against LGBTQI+ persons. This included so-called ‘corrective’ rape related to actual or perceived sexual orientation, gender identity, or expression” and so-called ‘conversion’ therapy practices that seek to change or suppress a person’s gender identity or expression, sexual orientation, or sex characteristics. These efforts helped connect the dots in understanding that LGBTQI+ violence is rooted in the same systems of inequality and power imbalances as the broader spectrum of GBV against women and girls.
Losing data and accountability
Data that helps better understand GBV against LGBTQI+ persons is also disappearing. Again, the dismantling of USAID meant a treasure trove of research and reports on LGBTQI+ rights have been lost. Earlier this year, the US Department of State removed LGBTQI+ reporting from its annual Human Rights Reports. These played a critical role in providing credible sources for civil society, researchers, and policymakers to track abuses and advocate for change.
If violence isn’t documented, it’s easier for governments to deny it even exists and harder for us to hold governments accountable. Yet when systems of accountability work, governments and civil society can utilize data in international forums like the UN Universal Periodic Review, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Sustainable Development Goals to assess progress and compliance and call for governments to improve protections.
All may not be lost if other countries and donors fill the void by supporting independent data collection and reporting efforts like the F&M Global Barometers and other academic and civil society monitoring. Such efforts are essential to the fight against GBV: The data helps show that the path toward safety, equality, and justice is within our reach if we’re unafraid of truth and visibility of those most marginalized and impacted.
Jay Gilliam (he/him/his) was the Senior LGBTQI+ Coordinator at USAID and is a member of the Global Outreach Advisory Council of the F&M Global Barometers.
Susan Dicklitch-Nelson (she/her/hers) is the founder of the F&M Global Barometers and Professor of Government at Franklin & Marshall College.
Commentary
Second ‘lavender scare’ is harming our veterans. We know how to fix it
Out in National Security has built Trans Veterans State and Local Policy Toolkit
Seventy years after the first “lavender scare” drove LGBTQ Americans from public service, a second version is taking shape. Executive directives and administrative reviews have targeted transgender servicemembers and veterans, producing a new wave of quiet separations and lost benefits.
The policy language is technical, but the result is personal. Veterans who served honorably now face disrupted healthcare, delayed credentials, or housing barriers that no act of Congress ever required. Once again, Americans who met every standard of service are being told that their identity disqualifies them from stability.
Out in National Security built the Trans Veterans State and Local Policy Toolkit to change that. The toolkit gives state and local governments a practical path to repair harm through three measurable actions.
First, continuity of care. States can keep veterans covered by adopting presumptive Medicaid eligibility, aligning timelines with VA enrollment, and training providers in evidence-based gender-affirming care following the World Professional Association for Transgender Health Standards of Care Version 8.
Second, employment, and licensing. Governors and boards can recognize Department of Defense credentials, expedite licensing under existing reciprocity compacts, and ensure nondiscrimination in state veterans’ employment statutes.
Third, housing stability. States can designate transgender-veteran housing liaisons, expand voucher access, and enforce fair-housing protections that already exist in law.
Each step can be taken administratively within 90 days and requires no new federal legislation. The goal is straightforward: small, state-level reforms that yield rapid, measurable improvement in veterans’ daily lives.
The toolkit was introduced during a Veterans Week event hosted by the Center for American Progress, where federal and state leaders joined Out in National Security to highlight the first wave of state agencies adopting its recommendations. The discussion underscored how targeted, administrative reforms can strengthen veterans’ healthcare, employment, and housing outcomes without new legislation. Full materials and implementation resources are now available at outinnationalsecurity.org/public-policy/toolkit, developed in partnership with Minority Veterans of America, the Modern Military Association of America, SPARTA Pride, and the Human Rights Campaign.
These are technical fixes, but they carry moral weight. They reaffirm a basic democratic promise: service earns respect, not suspicion.
As a policy professional who has worked with veterans across the country, I see this moment as a test of civic integrity. The measure of a democracy is not only who it allows to serve but how it treats them afterward.
The second “lavender scare” will end when institutions at every level decide that inclusion is an obligation, not an exception. The toolkit offers a way to begin.
For more information or to access the toolkit once it is public, visit outinnationalsecurity.org/toolkit.
Lucas F. Schleusener is the CEO of Out in National Security.
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