Connect with us

Opinions

Marriage in Md.: Celebrations and considerations

Gay couples now faced with prenups, divorce, alimony

Published

on

By SUSAN SILBER

As an attorney who’s been active in the LGBT community for 35 years, the results of Maryland’s election were profound and demonstrated that long arc towards justice that Martin Luther King, Jr. so eloquently spoke of (“the arc of the moral universe is long but it bends towards justice”).

I was reminded of when I first became a lawyer, and being gay automatically rendered you unfit by many people’s standards. Being gay made it difficult, if not impossible, to get a security clearance for work with the federal government. Let alone that there were no legal structures to create and end our relationships, or to protect our families, other than what we could creatively cobble together into a patchwork of legal structures with a limited foundation and framework.

As a long-time Marylander, I watched the slow and steady progress, small steps chipping away as we have fought for equality for our families. It took a little over 10 years from when we expanded the statewide anti-discrimination act in 2001 to include sexual orientation protections against discrimination in housing, public accommodations, lending, and employment, until we finally secured marriage equality this year. It’s interesting to note that every state that has granted marriage to its residents, also had an anti-discrimination statute first. It’s gratifying to know all of those incremental steps along the way, including passing the hate crimes act, health care advanced medical directives, burial decision rights, inheritance and transfer tax exemptions, helped build to our success.

While there is much to celebrate with our historic win, including the pervasive and overarching feeling of inclusion and equality in knowing that a majority of our neighbors understand the value of our families, we also enter a new territory unfamiliar to our community. As we contemplate marriages and all their celebration and joy, we also need to pause and ask ourselves some questions. Let’s start with a basic one – should we get married? It’s an age-old question that straight couples have had to ask themselves, but our community has often not had this decision. Of course, we made serious and long-term commitments to our partners and families. But now we must consider the legal aspects of choosing to get married as well. Are we prepared to divide our property, which might be considered “marital” property, upon separation and divorce? Am I willing to pay my partner alimony if we divorce? If we choose to end our relationship, are we prepared to go through the necessary divorce process? Should we enter into prenuptial agreements that customize the legal arrangement by a formal contract? For example, should we promise to use collaborative procedures if we break up? Legalizing our relationships puts our “outlaw” break-ups now within the purview of the potentially adversarial court system.

Because of the Defense of Marriage Act, we are now stuck in an inherent legal contradiction: We will be legally married and receive most of the benefits that straight married couples receive from the state, but our marriages will not be recognized by the federal government, as DOMA defines a spouse as one of the opposite sex. This can trigger numerous problems and are worth consideration before marrying. It creates significant inequities that burden all same-sex couples (for example, tax implications, lack of Social Security spousal benefits, or standard health insurance coverage as an employment benefit), but some of these issues have the potential to create immediate harm for individual families. Some examples:

• Immigration. Marrying a same-sex spouse residing in the U.S. could result in the denial of the granting or an extension of a non-immigrant visa. The marriage could be viewed as the non-resident spouse’s intent to remain permanently in the U.S. The federal government won’t recognize the marriage for any beneficial purposes, but will recognize it to deny the non-resident their visa.

• Needs-Based Public Assistance. If you or your partner are receiving public assistance and you choose to marry, then the spouse’s income will be included in determining eligibility.

• Adoption. Aside from DOMA, there are other possible implications. For example, if you want to adopt a child, particularly internationally, your marital status could keep you from having a child placed in your home. Many countries will not permit adoptions to gay couples, and if you are married, you would not be able to submit an adoption application as an individual.

Maryland will begin issuing marriage licenses in January of 2013. As you begin to think through what this might mean for you or other loved ones, I also encourage you to visit the Equality Maryland website, where we’ve attempted to answer some of your questions (http://www.equalitymaryland.org/).

There is a lot of unchartered territory for us to figure out together over the next few months. I encourage couples considering marriage to think through the implications, and to talk to an attorney if you want to clarify what marriage will mean for you.

Susan Silber is an attorney who practices in D.C. and Maryland with Silber, Perlman, Sigman & Tilev. She is a board member of Equality Maryland. Reach her at [email protected].

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Opinions

How do we honor Renee Good, Alex Pretti?

Lives more than last 10 seconds captured on video

Published

on

Protesters in Haymarket, Va. on Jan. 11 protest against U.S. Immigration and Customs Enforcement after an ICE agent shot Renee Good to death in Minneapolis. (Washington Blade photo by Michael Key)

Renee Good. Alex Pretti.

During this last year, I wondered who would be the first U.S. citizen to be shot by our government. It was not a matter of if, but when. Always.

And now we know.

I thought it would be soldiers. But the masked men got there first. Because when you mix guns and protests, guns inevitably go off. The powers that be always knew it, hoped for it, and wanted it to happen. 

Why? Because masked men and guns instill fear. And that’s the point. Ask yourself when’s the last time you saw masked men and guns in our cities, or anywhere for that matter. I always thought that men masked men with guns robbed banks. I was wrong.  

Masked men want to rob us of our dignity as human beings. Of our assurance in the calmness and contentment of our communities. They want to rob us of our trust in our institutions, and our faith in each other. And truly they want to rob us of the happiness and joy that we all constantly yearn to find in our lives.  

But our only collective ability as a nation to push back is our protests. Peaceful protests. As Renee and Alex did.

But peaceful protests? Because they are the perfect power to shame the cowardice of those that believe guns and force are the only true authority. Fortunately, our last hope and fiercest ally is our Constitution, which gives us the power — and the right — to protest. 

How much more peaceful can you get when you hear Renee Good’s last words, “I’m not mad at you, Dude.” I may be mad at the system, the government, the powers of unknown people pulling the strings but not you personally. “Dude.” Peaceful to the last word.

Yet, what becomes lost in the frantic pace of hair-trigger news cycles, of officials declaring impetuous damnations alongside johnny-on-the spot podcasters spouting their split-second opinions are the two human beings who have lost their lives.

How habituated we’ve become as we instantly devour their instant obituaries. The sum of their lives declared in less than 10 seconds of cellphone video. They haven’t just lost their lives.  They’ve lost all of their lives. And now we watch over and over again as their death is re-revealed, re-churned, re-evaluated, and re-consumed. In that endless repetition, we forget the meaning of life itself.

We must remember that Renee and Alex believed in their communities, in the purpose of their work, in the happiness of their loves and lives, and in the dignity and curiosity of life itself. They were singular individuals who did not deserve to die at the end of a gun barrel for any reason, ever.

How fitting that Renee was a poet. Sometimes in confronting the massiveness of loss in our lives, we look to our poetry and our psalms, our hymns and our lullabies, to find a moment of solace in our communal grief, and to remember Renee and Alex, for what they gave us in life.

Yet, at this moment, I cannot escape the reality of what was taken from them so soon, so violently and so forever. They were exceptionally courageous and normal people, and for that reason, I must remember them through a poem to explain to me, and others, the unexplainable. 

I dream of this not happening. 

I dream this day and night.

For none of this is real.

And none of this is right.

I dream of these sons and daughters

who now will not go home,

and dream of their mothers and fathers,

who now must stand alone.

I dream of all the flowers that they will never hold —

the kisses never shared again, the secrets to not be told.

I dream of all the sunsets that for them will never set,

I dream of all the love they gave and now they must forget.

I dream of all their dinners

with wine to never spill,

or books to read, or bread to break

or babies to be held.

I dream of each one still reaching 

in the middle of the night,

for a hand that needs another 

to stop a nightmare’s flight.

I dream of them not dreaming, 

which I could never do,

for how can you not dream a dream

that never will come true.

I dream of this not happening.

I dream this day and night.

For none of this is real

And none of this is right. 

Carew Papritz is the award-winning author of “The Legacy Letters,” who inspires kids to read through his “I Love to Read” and the “First-Ever Book Signing” YouTube series.

Continue Reading

Opinions

Gay Treasury Secretary’s silence on LGBTQ issues shows he is scum

Scott Bessent is a betrayal to the community

Published

on

Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

We all know the felon in the White House is basically a POS. He is an evil, deranged, excuse for a man, out only for himself. But what is just as sad for me is the members of the LGBTQ community serving in his administration who are willing to stand by silently, while he screws the community in so many ways. The leader, with his silence on these issues, is the highest ranking “out” gay ever appointed to the Cabinet; the current secretary of the treasury, the scum who goes by the name, Scott Bessent. 

Bessent has an interesting background based on his Wikipedia page. He is from South Carolina and is what I would call obscenely wealthy. According to his financial assets disclosure to the U.S. Office of Government Ethics, Bessent’s net worth was at least $521 million as of Dec. 28, 2024; his actual net worth is speculated to be around $600 million. He married John Freeman, a former New York City prosecutor, in 2011. They have two children, born through surrogacy. I often wonder why guys like Bessent conveniently forget how much they owe to the activists in the LGBTQ community who fought for the right for them to marry and have those children. Two additional interesting points in the Wikipedia post are Bessent reportedly has a close friendship with Donald Trump’s brother Robert, whose ex-wife, Blaine Trump, is the godmother of his daughter. The other is disgraced member of the U.S. House of Representatives, John Jenrette, is his uncle.  

Bessent has stood silent during all the administrations attacks on the LGBTQ community. What does he fear? This administration has kicked members of the trans community out of the military. Those who bravely risked their lives for our country. The administration’s policies attacking them has literally put their lives in danger. This administration supports removing books about the LGBTQ community from libraries, and at one point even removed information from the Pentagon website on the Enola Gay, the plane that dropped the first atomic bomb, thinking it might refer to a gay person. It was actually named after Enola Gay Tibbets, the mother of the pilot, Col. Paul Tibbets. That is how dumb they are. Bessent stood silent during WorldPride while countries around the world told their LGBTQ citizens to avoid coming to the United States, as it wouldn’t be safe for them, because of the felon’s policies. 

Now the administration has desecrated the one national monument saluting the LGBTQ community, Stonewall, in New York City, by ordering the removal of the rainbow flag. The monument honors the people who get credit for beginning the fight for equality that now allows Bessent, and his husband and children, to live their lives to the fullest. That was before this administration he serves came into office. I hope his children will grow up understanding how disgusting their father’s lack of action was. That they learn the history of the LGBTQ community and understand the guts it took for a college student Zach Wahls, now running for the U.S. Senate from Iowa, to speak out for his “two moms” in the Iowa State Legislature in 2011, defending their right to marry.  

Bessent is sadly representative of the slew of gays in the administration, all remaining silent on the attacks on the community. They are mostly members of the Log Cabin Republicans who have given up on their principles, if they ever had any, to be subservient to the felon, and the fascists around him, all for a job. 

There are so many like them who supported the felon in the last election. Some who believed in Project 2025, others who didn’t bother to read it. Many continue to stand with him, with the sycophants in the Congress, and the incompetents and fascists in the administration, as they work to destroy our country and end the democracy that has served us so well for 250 years. To keep out all immigrants from a nation of immigrants. They all seem to forget it was immigrants who built our country, who fought against a king, and won. These sycophants now support the man who wants to be king. Who openly says, “I am president I can do anything only based on my own morality,” which history clearly shows us he has none. 

I believe we will survive these horrendous times in American history. We have fought a king before and won. We have kept our country alive and thriving through a civil war. We the people will defeat the felon and his minions, along with the likes of those who stood by silently like Scott Bessent. They seem to forget “Silence = Death.” 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

Continue Reading

Opinions

Unconventional love: Or, fuck it, let’s choose each other again

On Valentine’s Day, the kind of connection worth celebrating

Published

on

(Image by kotoffei/Bigstock)

There’s a moment at the end of “Love Jones” — the greatest Black love movie of the 21st century — when Darius stands in the rain, stripped of bravado, stripped of pride, stripped of all the cleverness that once protected him.

“I want us to be together again,” he says. “For as long as we can be.”

Not forever. Not happily ever after. Just again. And for as long as we can. That line alone dismantles the fairy tale.

“Love Jones” earns its place in the canon not because it is flawless, but because it is honest. It gave us Black love without sanitizing it. Black intellect without pretension. Black romance without guarantees. It told the truth: that love between two whole people is often clumsy, ego-driven, tender, frustrating, intoxicating—and still worth choosing.

That same emotional truth lives at the end of “Eternal Sunshine of the Spotless Mind,” my favorite movie of all time. Joel and Clementine, having erased each other, accidentally fall back into love. When they finally listen to the tapes that reveal exactly how badly they hurt one another, Clementine does something radical: she tells the truth.

“I’m not perfect,” she says. “I’ll get bored. I’ll feel trapped. That’s what happens with me.”

She doesn’t ask Joel to deny reality. She invites him into it. Joel’s response isn’t poetic. It isn’t eloquent. It’s not even particularly brave. He shrugs.

“Ok.”

That “OK” is one of the most honest declarations of love ever written. Because it says: I hear you. I see the ending. I know the risk. And I’m choosing you anyway.

Both films are saying the same thing in different languages. Nina and Darius. Clementine and Joel. Artists and thinkers. Romantics who hurt each other not because they don’t care — but because they do. Deeply. Imperfectly. Humanly.

They argue. They retreat. They miscommunicate. They choose pride over vulnerability and distance over repair. Love doesn’t fail because they’re careless — it fails because love is not clean. 

What makes “Love Jones” the greatest Black love movie of the 21st century is that it refuses to lie about this. It doesn’t sell permanence. It sells presence. It doesn’t promise destiny. It offers choice.

And at the end — just like “Eternal Sunshine” — the choice is made again, this time with eyes wide open.

When Nina asks, “How do we do this?” Darius doesn’t pretend to know.

“I don’t know.”

That’s the point.

Love isn’t a blueprint. It’s an agreement to walk forward without one.

I recently asked my partner if he believed in soul mates. He said no—without hesitation. When he asked me, I told him I believe you can have more than one soul mate, romantic or platonic. That a soul mate isn’t someone who saves you — it’s someone whose soul recognizes yours at a particular moment in time.

He paused. Then said, “OK. With those caveats, I believe.”

That felt like a Joel shrug. A grown one.

We’ve been sold a version of love that collapses under scrutiny. Fairy tales promised permanence without effort. Celebrity marriages promised aspiration without truth. And then reality — messy, public, human—stepped in. Will and Jada didn’t kill love for me. They clarified it.

No relationship is perfect. No love is untouched by disappointment. No bond survives without negotiation, humility, and repair. What matters isn’t whether love lasts forever. What matters is whether, when confronted with truth, you still say yes.

“Love Jones” ends in the rain. “Eternal Sunshine” ends in a hallway. No swelling orchestras. No guarantees. Just two people standing at the edge of uncertainty saying: Fuck it. I love you. Let’s do it again. 

That’s not naïve love. That’s courageous love.

And on Valentine’s Day — of all days — that’s the kind worth celebrating.

Randal C. Smith is a Chicago-based attorney and writer focusing on labor and employment law, civil rights, and administrative governance.

Continue Reading

Popular