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Md. divorce case holds broad implications

It’s about marriages being recognized — in every respect

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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].

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Opinions

Attacking Jews is latest Trump outrage

Anyone who supports equality and peace must vote for Biden

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(Washington Blade file photo by Christopher Kane)

Calling out the Jewish community in the United States as Trump did, is both dumb, and anti-Semitic. The Jewish community has been a Democratic constituency for many years, and attacking them won’t get them to vote for him.

It is a difficult time for many Jews in the world today. I being one of them. I am a strong supporter of Israel, but support Sen. Chuck Schumer (D-N.Y.), who believes there will never be peace in the Middle East as long as Netanyahu and his government are in control. Israel cannot keep annexing West Bank land, which should be part of a Palestinian state if we can get to a two-state solution. In fact, they must draw back the settlements now there. At the same time, like Schumer, I believe both Netanyahu and Hamas have to go. Being anti-Netanyahu is not being anti-Israel, just as being anti-Trump is not being anti-United States, or wanting Hamas to go, is not being anti-Palestinian. 

Attacking Jews is just one more outrageous thing coming out of Trump’s mouth. He is a notorious sexist, racist, homophobic, pig. He is an old man who can’t control his mouth and continues to spout nonsense. His apparently limited brain power is tied up in disgusting views of the world and individuals. He mocks those with disabilities like he did to a New York Times reporter, and mocks President Biden for his stutter. There was a recent column in the Washington Post reminding people Trump’s father had Alzheimer’s. I think we may be seeing the disease manifest itself in Trump. 

I have written this election is between two older men. I myself am older, and understand one often forgets a name, a date, or an event. Having just written a memoir, which I hope will be published in May, in its preface I say “these are dates and events as I remember them.” But as neuroscientist Charan Ranganath recently wrote in the Washington Post, that in no way limits how a person can understand complex issues, or in my case work as a consultant and research and write weekly columns. For a president, especially one who is older, it is important for us to know who is surrounding him or her. I am definitely more secure knowing those who will be around and advising President Biden, versus those around Trump. No one person alone, whatever their age, can handle all the issues facing a president.

Whether you are a Jew supporting Israel, a Muslim supporting the Palestinian people, or someone like me supporting both, you are better off with President Biden. If you support the Palestinian people having their freedom, then Trump must strike fear in your heart, after all, he is the one who moved the American embassy to Jerusalem. 

The idea of electing a man convicted of fraud in his business dealings, found liable for sexually mistreating a woman, and who faces another 88 criminal counts, is ludicrous. It actually says as much about the people who would vote for him, as it does about Trump. A man who brags about taking away the right of women to control their own body, and healthcare, doesn’t deserve the vote of any woman. A man who opposes equal rights, affirmative action, and saw good people on both sides in Charlottesville, doesn’t deserve the vote of any Black American. A man who opposes any forgiveness of student loans, denies climate change, opposes making community college free, doesn’t deserve the vote of any young person. 

It amazes me when people compare how things were four years ago to today, and say they were better then. A time you couldn’t find toilet paper on grocery shelves, 1,000 people a day were dying of COVID, the Dow Jones was at 19,000 and today it’s at 39,000. The country was hemorrhaging jobs and in the last three years 13 million have been created. Wages are higher and unemployment lower. 

Of course, as President Biden says, we need to do more. He is doing it, Trump didn’t. Trump gave a $2 trillion tax cut to the wealthy, increasing the national debt. He pledges to do it again. Biden passed a massive infrastructure bill, now creating thousands of jobs building and repairing bridges and roads, in every state. He passed the Chips and Science Act, recently announcing new chip factories in four states, creating thousands of new construction and manufacturing jobs. Those factories will change the U.S. from an importing country, to a producing one. That is some of the real change Biden has brought about. 

Trump talks big, but never produced; Biden is producing for the American people, and will continue to do so.

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Letter-to-the-Editor

Banning the Rainbow Flag: the latest act of GOP madness

Prohibition included in government spending bill the president signed

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The Progress Pride flag flies in front of the U.S. Embassy in Berlin on July 22, 2022. (Washington Blade photo by Michael K. Lavers)

The Republican agenda is an obvious one: Distract from real issues by assaulting the most vulnerable. That’s why they have focused their hatred on the LGBTQ+ community. After years of legislating book bans, curriculum censorship, bathroom restrictions and withholding medically needed gender therapy, their latest act is signature Republican cruelty: For a crucial trillion-dollar budget that would prevent a government shutdown, the GOP slipped in a measure to ban the display of Rainbow Flags at U.S. embassies all over the world.

This is not an act of mere symbolism. In too many countries, being queer is punishable by imprisonment or death. Measures like this give a green light to violence and homophobia both at home and abroad. It places more LGBTQ+ people at tangible risk. It is an outrageous abuse of the political process.

This cynical political maneuver is typical of the GOP, the Party of Destruction. But equally egregious is that President Biden and Democrats approved the budget, knowing the poison pill line item that had already been added.

Now, President Biden vows to repeal the embassy flag ban measure. We will hold him to his vow. Will he expend the political capital necessary to make the repeal happens? We must remember that he and the Congress capitulated to a small group of GOP manipulators and, in this instance, saw the global LGBTQ+ community as expendable.

The Democratic Party positions itself as an ally to the LGBTQ+ community. They must hold their ground. They must represent and defend all of us. Otherwise, an emboldened GOP, led by Trump, will only escalate their merciless attacks on our vulnerable communities.”

Charles Beal is president of the Gilbert Baker Foundation and the Save the Rainbow Flag Campaign.

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Commentary

Returning to the kibbutz: A journey of heartbreak and hope

Hamas militants attacked Kfar Aza on Oct. 7

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Kfar Aza, Israel, after Oct. 7, 2023. (Photo courtesy of K.T. Colin)

Editor’s note: WDG, the Washington Blade’s media partner in Israel, originally published this commentary.

BY K.T. COLIN | In 2019, my first encounter with Israel was through the lens of a sponsored Birthright trip. I embarked on a three-week journey, traversing the diverse landscapes from the northern regions to the eastern territories and finally to the arid southern desert. I had the opportunity to visit different communities within Israel and Palestine. Amidst this exploration, I spent an unforgettable three days and two nights in a kibbutz situated near the Gaza border. The memories etched in my heart were ones of unbridled joy, resilience and the harmonious coexistence of the desert dwellers — an emotional tapestry that forever imprinted itself on my soul. Coming from an Iraqi heritage, I viewed these expressions of coexistence through a lens shaped by my own region’s history of conflict and diversity.

As I recall the Shabbat dinner at the kibbutz, the air resonated with the sacred call to prayers (Adhan) from a nearby Bedouin Arab-Muslim town. The juxtaposition of cultures and faiths was a poignant reminder of the shared humanity that bound the Jewish and Arab Israelis in this region. It was a journey that transcended the ordinary, leaving an indelible mark on my consciousness. Filled with memories of peace and unity, I returned, only to confront a reality far removed from my cherished memories.

Fast forward to last month, when I returned to the Negev Desert, specifically to Kfar Aza — one of the 22 kibbutzim targeted by Hamas on that fateful day, Oct. 7, 2023. The once vibrant oasis, brimming with the light of life, now stood shrouded in the darkness of war-induced death and destruction. The very bench where camaraderie blossomed in 2019, while sharing a moment of connection with an Israeli companion, lay reduced to ashes. The thriving pathways, once bustling with life, had metamorphosed into haunting reminders of blood and rubble. The faces that animated Shabbat gatherings, weaving tales of peace advocacy between Palestinians and Israelis, were now conspicuously absent. In the wake of Hamas’s brutality, no entity — be it human, animal or plant — escaped unscathed. The aftermath resembled scenes from an apocalyptic movie, a tableau of sensory deprivation dominated by the stench of death and the echoes of destruction. This destruction, while uniquely harrowing, echoed the all-too-familiar scenes of conflict from my childhood in Iraq, underscoring the universal tragedy of war.

Kfar Aza, Israel (Photo courtesy of K.T. Colin)

While my roots trace back to Iraq, a land marred by wars and the brutality of conflict, the devastation witnessed in Kfar Aza struck a chord that reverberated with the echoes of my past. My personal journey, from witnessing Saddam’s reign of terror to observing the aftermath in Kfar Aza, underscores a broader narrative of resilience and the enduring hope for peace. Born during the Iraqi-Iranian war, my father’s absence for the first six months of my life spoke volumes about the toll of conflict. The invasion of Kuwait and subsequent wars entrenched the narrative of war as an unwelcome companion in our daily lives. Memories of the U.S. invasion in 2003, the ensuing civil war, and the subsequent loss of rights for women, secular individuals and LGBTQ+ members further underscored the harsh reality of conflict.

Yet, Kfar Aza was a unique chapter in my journey, revealing a form of malevolence that transcended my prior experiences. In their assault, Hamas meticulously targeted specifically peace activists who wanted nothing but peace and prosperity between Israelis and Palestinians, sparing no atrocity in their pursuit. This was not just about taking lives; it was a heinous assault on the very prospect of peace. The evil that unfolded reminded me of the forces mentioned in the Quran — Yaajooj and Maajooj — entities of pure malevolence against whom even Alexander the Great erected a wall, according to Muslim prophecy.

My upbringing in Iraq, under the shadow of Saddam Hussein’s dictatorship, fanned the flames of anti-Semitism. A once diverse Iraq, home to 165,000 Iraqi Jews, witnessed their forced exodus through decades of genocide. Subsequently, Christians, Yazidis and Sabbea Mandaeen fell victim to ethnic cleansing orchestrated by dictatorial regimes, Nazi pogroms, Iranian militias and ISIS. The slow erosion of tolerance and coexistence occurred methodically, propelled by hate campaigns championed by Arab nationalists and later fueled by Islamist movements, plunging Iraq into its darkest era.

My school days were marked by compulsory flag-greeting ceremonies, ostensibly patriotic but laden with hate. The chants of “Death to America; Death to the Zionists; Death to the Jews” echoed through the air, fostering a culture of animosity. Arabization and Nationalism classes further fueled this bigotry, leaving an indelible mark on impressionable minds.

The recent horrors in Kfar Aza echoed memories of a similar brand of terror perpetrated by Saddam’s regime — the Fedaeen of Saddam, a precursor to Hamas’s brutality. The parallels were chilling — beheadings, brutal punishments and a reign of terror continued even after the fall of Saddam, as they joined Al-Qaeda, leaving a trail of atrocities in cities like Fallujah and Ramadi.

As I witnessed the devastation in Kfar Aza, the echoes of war in nearby Beit Hanoun, Gaza, resonated hauntingly. The pain echoed from both sides — the Israeli people enduring Hamas rockets since 2015 and the Palestinians suffering daily under the same regime. My heart shattered for the children left orphaned, the LGBTQ+ Gazans now without shelter or life-saving medications and the vulnerable girls and boys exposed to the horrors of Human trafficking and rape. The theft of humanitarian aid by Hamas left many without food and water, and the lip services to Palestinians by Arab and Muslim majority nations, painting a grim picture of a future hanging in uncertainty for those who survived.

Despite the deep scars of conflict, both in my homeland and here, I see glimmers of hope that guide us toward a shared future. I have endured the darkest chapters of conflict in my past, and I hold onto the belief that one day this war will end. I dream of a future where Israelis and Palestinians coexist in shared spaces, attending the same schools, dining at the same restaurants and dancing in the same nightclubs. Having witnessed such unity among Jews, Druze, Muslims and Christians in Israel, I pray for a day when this reality extends to Gazans and Israelis in the Negev Desert. The journey towards peace is arduous, but the human spirit, resilient and compassionate, holds the promise of a brighter tomorrow.

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