Opinions
Md. divorce case holds broad implications
It’s about marriages being recognized — in every respect
The Maryland Court of Appeals, Maryland’s highest court, issued a decision last Friday requiring a Prince George’s County circuit judge to grant a divorce to two women who were married in California. On its face, this looks like a simple case of allowing same-sex couples to divorce in Maryland, even though Maryland does not yet allow such couples to marry in Maryland.
However, if one reads the case more carefully, the full impact of the Court of Appeal decision in Port v. Cowan, becomes clear. Maryland must first recognize a marriage between a same-sex couple in order to grant a divorce to the couple. “Recognize” is the operative word here. This decision means that Maryland must RECOGNIZE marriages for same-sex couples when the marriages are valid in the jurisdiction where they were performed. So, for example, Maryland residents who come to the District of Columbia or other jurisdictions to be married, are now married, in every way, in Maryland. This case is not just about divorce, it is about our marriages being recognized in every respect in the state.
Some of the rights that go with marriage in Maryland are the right to inherit from a spouse, exemption from inheritance and estate tax at death, and ability to sue for a wrongful death of a spouse. A summary of these rights and responsibilities, called “Marriage Inequality in Maryland,” can be found at equalitymaryland.org, which commissioned the study. That publication was written in 2006, and how much has changed since then!
Of course, Maryland has passed marriage equality, but it appears that law will be subject to a referendum in November, as the law does not take effect until January 2013. In Maryland, laws passed by the legislature may be overturned by a referendum. However, unlike California, decisions by Maryland courts may not be reconsidered in a referendum. Only the legislature may reverse a decision by Maryland courts. So, the Court of Appeal decision can only be rejected by the legislature, and given that the legislature just passed marriage equality, we can expect that the Port case will remain the law of Maryland.
Even though we now clearly have marriage recognition in Maryland, many of the issues of marriage recognition will continue to play out. I expect that like elsewhere, there will be many bumps in obtaining all of our marriage rights. Some questions immediately coming to mind include whether children of a marriage will be considered the legal children of both parents; whether spouses may put each other on employer provided health insurance; what will happen in a contested divorce when the parties were together a long time then got married, then separated; how will marital rights in Maryland be dealt with when issues involve other states’ laws; how will companies that do business in Maryland but are incorporated elsewhere treat our marriages? Situations and questions like these will have to be addressed for some time before all of the dust settles.
Also, the fact that Maryland now recognizes our marriages does not change anything on the federal level. Although the federal government says it will no longer enforce the Defense of Marriage Act (DOMA), federal law in almost all respects still does not recognize our marriages. Married Maryland residents who are federal employees still are unable to put their spouses on their health insurance and are unable to elect a spousal benefit for a pension, among other marriage benefits. No married same-sex couple has access to each other’s Social Security benefits. There is litigation around the country challenging many of these policies, so this chapter in our fight for equal rights continues to be written.
All in all though, Port v. Cowan is a very significant step forward for marriage equality in Maryland. Of course, we all hope that Marylanders will confirm that marriage equality means that same-sex couples may marry IN Maryland, their home state. That’s an important message of acceptance into a basic societal right. But for now, if Maryland residents cross the line into the District and get married, they’ll be married at home too.
Michele Zavos is a principal at Zavos Juncker Law Group, PLLC, and represented Jessica Port in Port v. Cowan. She is a long-time lesbian activist attorney in the Washington metropolitan area. Reach her at [email protected].
Opinions
Skipping Memorial Day crowds in Rehoboth Beach
After 30 years, I’ve become allergic to large gatherings
There are a lot of things about getting older that are great. I love retirement, love the cruises I take, time at my favorite coffee shops, both in D.C. and at the Coffee Mill in Rehoboth. Then there are some not so great things. I have had a few health issues, which luckily, I have fully overcome. Some issues you can do something about, others you can’t. One of the things I have come to realize is, I no longer enjoy big crowds, and this is something I can do something about. Just avoid them.
I have spent every holiday weekend since buying my place in Rehoboth, and that is going on 30 years, at the beach. I go for Christmas and New Year’s, Martin Luther King, Jr. weekend, President’s Day, Memorial Day, and Labor Day. Add a few extra holidays I may be missing like Veterans’ Day, if it falls on a weekend. This is the first year I won’t be there on Memorial Day, and it is by choice. Instead, will be staying in D.C. Some will ask why, and my simple answer is to avoid the crowds. I keep thinking of the crowds last Memorial Day and decided to see how it goes skipping it this year.
Don’t get me wrong, I am thrilled for all the businesses at the beach when they are swamped with people. And glad those people who want to be there are having a great time, and don’t mind when the lines to get into Aqua and Diego’s are around the block. Or when my favorite place for coffee, The Coffee Mill, has a line when I get there at 7 a.m. When you can’t get a reservation at the Pines or even Ava’s. But last year it finally occurred to me why I wasn’t having as much fun as I used to, and realized it was because I have become allergic to crowds. So, for the first time this year, I determined I was going to stay away and see how it feels. I may regret it after a few hours at home in D.C., or when seeing friends’ posts on Instagram and Facebook. But am going to take that chance. One thing I do regret missing is the incredible annual brunch thrown by my friend Robert, and his husband, but am determined to see what it feels like not being at the beach for the kick-off holiday weekend of the summer.
To wean myself away, I did go last weekend. Had a great time seeing friends. Had fun at Aqua each evening for happy hour; went to a great party at CAMP in honor of their new Executive Director Dr. Robin Brennan. I’ve had a chance to chat with her, and believe they made a great choice when hiring her. Then on Friday evening I went to the Washington Blade annual season kick-off party at Diego’s and met the new Steve Elkins Fellow, Thomas Weaverling, and am sure he will do a great job. It was wonderful to see Ashley Biden there accepting the award given posthumously to Beau Biden for all he did for the LGBTQ community. Then on Saturday I stopped in at Freddie’s Beach Bar for the Cloud Nine reunion. That brought back so many good memories. It was coordinated by the inimitable Fay Jacobs. It was back then when I did like crowds, the more the merrier, and remember dancing all evening on the small crowded dance floor. Some people at the reunion reminded me of all the years I hosted an annual Memorial Day party, actually the first 10 years I had my place at the beach. It was catered by the Blue Moon, when my friend Rob was there, and they brought the Champagne, hors d’oeuvres, and even a bartender. I just had to have fun, and I did. The thought of doing that today is a little overwhelming, and I think it is about age.
So, this year I will see how much I miss being at the beach for the holiday weekend. Then after my June trip to France, will decide whether I want to do the same for the Fourth of July. I kind of look forward to seeing what my thoughts on it are, and how it goes.
For those of you at the beach, I hope the place is a zoo, of the best kind, and you all have a fabulous time.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Opinions
GLAA’s 2026 primary election ratings show candidates agree on basics
We applaud all who are standing up for human rights in D.C.
Our local elections in D.C. this year will be the most consequential in a long time, as we will get a new mayor, several new Council members, and a new delegate to Congress. It also comes amid the most intensive and far-ranging federal attacks on our self-determination in the history of Home Rule, along with concerted efforts to deprive members of our communities of their rights and well being. As always, GLAA publishes our policy brief and ratings on candidates to help inform voters as they make these momentous decisions. This year, our policy brief and candidate questionnaire are a recommitment to promoting the basics: basic human rights, basic human needs, and basic human decency.
Though GLAA does not issue endorsements, we do rate candidates. Of the candidates who responded, mayoral candidate Janeese Lewis George, and Ward 1 Council candidates Rashida Brown, Miguel Trindade Deramo, and Aparna Raj received a +10, the highest possible rating a candidate can receive from GLAA. This indicated strong agreement with GLAA, thoughtful answers, and an impressive record of action on the issues presented in our brief and policy questionnaire. Other high scores include Oye Owolewa, the highest scoring candidate for the Council At-Large primary election, with a score of 9, and Doni Crawford, who scored the highest in the Council At-Large special election, with 6.5.
For the 2026 primary and special elections, candidates are in broad agreement with GLAA’s policy priorities. In seven out of 10 of our priorities, each candidate indicated agreement. Total consensus on core issues signals that whomever is elected to Council and mayor, we should expect to hold our elected officials accountable to our goals of protecting home rule, resisting federal overreach, advancing transgender healthcare rights, and eliminating chronic homelessness in the District. Other areas of agreement include ending food insecurity, building equitable energy infrastructure, and ensuring robust access points to public benefits. While candidates agree on the basics, they distinguish themselves in the depth and creativity in their responses, and their record on the issues. To read and review their responses in depth, visit glaa.org or outvotedc.org.
As D.C.’s oldest LGBTQ advocacy organization, we know the power that queer people have in local elections. Our queer siblings are among the privileged and the dispossessed. For our communities, this can be an opportunity and an obligation. GLAA’s policy brief is an invitation and call to action. When we do better to support those at the margins, we see an increase in our collective wellbeing. Using a “queer lens” we can see radical and concrete ways that the District can use our power to uplift us all.
We hope the candidate ratings, their responses, and our policy brief are useful to the community as we make decisions during this consequential year. We applaud all who are standing up for D.C., for human rights, for civil rights. We invite you to join us in the work to create the queer future we all deserve.
Benjamin Brooks is president of GLAA; Darby Hickey is secretary.
Ghana
Intersex lives, constitutional freedom, and the dangerous future of Ghana’s Human Sexual Rights and Family Values Bill
Lawmakers continue to consider draconian measure
There is a dangerous silence surrounding intersex lives in Ghana — a silence shaped by fear, misinformation, cultural misunderstanding, and institutional neglect. Today, amid discussions around the possible passage of the Human Sexual Rights and Family Values Bill, 2025, that silence risks becoming law, reinforcing exclusion and deepening the marginalization of already invisible lives.
Much of the national debate surrounding the bill has focused on LGBTQ+ identities. Yet buried within it are implications for intersex persons that many Ghanaians do not fully understand because intersex realities remain largely invisible.
Intersex persons are born with natural variations in chromosomes, hormones, reproductive anatomy, and/or genital characteristics that do not fit typical definitions of male or female bodies. Intersex is not a sexual orientation or gender identity. It is a biological reality. Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ) has clearly acknowledged this distinction.
Despite this distinction, the bill mistakenly collapses intersex realities into a legal framework linked to LGBTQ+ criminalization.
Although the bill contains only limited references to intersex persons, under certain medical exceptions, these references do not amount to recognition or protection. Instead, they frame intersex bodies as abnormalities requiring regulation, correction, and institutional management. This approach is inconsistent not only with Ghana’s constitutional guarantees of dignity, equality, privacy, and liberty, but also with emerging African and international human rights standards. The African Commission on Human and Peoples’ Rights Resolution on the Promotion and Protection of the Rights of Intersex Persons in Africa – ACHPR/Res.552 (LXXIV) 2023 affirms protections relating to bodily integrity, dignity, freedom from discrimination, and against harmful medical practices. Additionally, the United Nations has repeatedly condemned medically unnecessary and non-consensual interventions on intersex children. Rather than affirming the humanity and autonomy of intersex persons, the bill risks legitimizing systems of surveillance, coercion, violence, and institutional erasure.
This is not protection.
It is managed erasure.
A child born intersex in Ghana already enters a society shaped by secrecy and stigma. Families are often pressured to hide intersex children or seek “correction” to make their bodies conform to social expectations.
The bill risks intensifying this pressure.
Clause 17 creates space for “approved service providers” to support interventions relating to intersex persons, yet offers little protection around informed consent, bodily autonomy, confidentiality, or coercive treatment. Under the language of “correction” or “support,” harmful interventions may become normalized.
The intersex community has documented painful lived experiences of intersex Ghanaians that reveal the devastating consequences of stigma and invisibility.
One heartbreaking case involved intersex twins born in Ghana’s Eastern Region in 1993, who were repeatedly forced to move from village to village because of rejection and ridicule. After losing their father, their main source of protection and support, they became even more vulnerable and reportedly experienced severe emotional distress, including suicidal thoughts linked to years of stigma and exclusion. This is what invisibility looks like in practice.
Another painful example is the story of Ativor Holali, whose lived experience exposed the cruel realities intersex persons face in sports and public life. Ativor Holali endured invasive scrutiny, public humiliation, and social suspicion because her body did not conform to rigid expectations of femininity. Rather than being protected as a Ghanaian athlete deserving dignity and privacy, she became the subject of speculation, gossip, and institutional discomfort.
Her experience reflects a broader social crisis: when society insists that every body must fit a narrow binary definition, intersex people are forced to defend their humanity in spaces where dignity should already be guaranteed.
Intersex Persons Society Of Ghana (IPSOG)’s Ŋusẽdodo research further revealed that approximately 70 percent of intersex respondents reported depression, anxiety, trauma, or severe emotional distress linked to medical mistreatment, family rejection, bullying, and social exclusion.
The bill risks transforming these existing prejudices into institutional policy. Several provisions risk deepening surveillance, restricting advocacy, weakening confidentiality, and discouraging public education around intersex realities. Intersex-led organizations providing healthcare guidance, legal referrals, psychosocial support, and community services may face serious challenges.
This places IPSOG and other intersex-led organizations in Ghana at serious risk.
For many intersex Ghanaians, these spaces are not political luxuries.
They are survival mechanisms.
Governments derive legitimacy by protecting the natural rights of all persons, including dignity, liberty, bodily autonomy, and freedom from arbitrary interference. The bill raises concerns because it risks weakening these protections for intersex persons through surveillance, coercive interventions, and restrictions on advocacy.
Ghana’s Constitution declares that “the dignity of all persons shall be inviolable.” Articles 15, 17, 18, and 21 specifically protect dignity, equality, privacy, expression, and freedom of association. These protections should apply equally to intersex persons.
Intersex persons are not threats to Ghanaian culture.
Intersex children are not moral dangers.
Intersex bodies are not political weapons.
They are human beings deserving dignity, healthcare, safety, and constitutional protection.
The true measure of a democracy is how it protects those most vulnerable to exclusion. At this moment, Ghana faces a choice: deepen fear and silence, or uphold dignity, bodily autonomy, and constitutional freedom for intersex persons.
History will remember the choice we make.
Fafali Delight Akortsu is the founder and president of the Intersex Persons Society of Ghana (IPSOG).
