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Update on LGBT family law

D.C. area features wide array of legal protections

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gay family, gay news, Washington Blade
gay family, LGBT family law, gay news, Washington Blade

(Washington Blade file photo by Michael Key)

The last several years have seen an incredible change in laws affecting LGBT families in the Washington metropolitan area, and we may see more changes on the federal level in the next several months. Here is a synopsis of laws affecting same-sex headed families in the D.C. area.

Federal level

The Supreme Court will hear arguments on two marriage equality cases, Hollingsworth v. Perry and Windsor v. United States on March 26 and 27, and we expect decisions from the court by June 30 of this year. Those decisions could be anything from the court saying that it won’t make substantive decisions in either of these cases, to establishing marriage equality as a constitutional right in the entire United States. Most court observers expect that the court will invalidate Section 3 of the Defense of Marriage Act (DOMA), which would mean that marriage equality for federal purposes would be determined on a state by state (or jurisdiction) basis.  Section 3 defines “marriage” for all federal purposes as between one man and one woman. So, for us in the D.C. metro area, if Section 3 is invalidated, residents of Maryland and the District of Columbia would be considered married for federal purposes, but residents of Virginia would not. There are more than 1,000 rights and responsibilities associated with marriage on the federal level, so federal recognition of our marriages would be huge. Stay tuned!

District of Columbia

The District has had marriage equality since March 9, 2010. There are more than 400 rights and responsibilities associated with marriage for District residents. D.C. residents can still register as domestic partners instead of getting married, but the domestic partnership has little, if any, effect outside the District. There is no residency requirement to marry in the District or register as domestic partners.

D.C. recently enacted a new law that allows couples who married in D.C. and live in a jurisdiction where neither can divorce, to come back to D.C. to get divorced. Of course, the couple should attempt to resolve all issues pertaining to their marriage so they can go forward with an uncontested divorce in the Superior Court of the District of Columbia. This law is meant to help with the new meaning of “wedlock.”

The District enacted the Domestic Partnership Judicial Determination of Parentage Amendment Act on July 1, 2009. It provides that if a couple is married, registered as domestic partners in D.C., or signs a Consent to Parent, both members of the couple will be presumed to be legal parents of their child under D.C. law if the child is born in D.C. Both parents will be on the birth certificate at birth. Unfortunately, the law may not apply to gay male couples as surrogacy is illegal in the District. The Parentage Act has been amended to allow adoptions in the District based on the birth of the child in D.C., and the amendments are retroactive to July 1, 2009. The law means that a lesbian couple does not have to live in the District in order to obtain a second-parent adoption of their child that will be recognized outside the District of Columbia and on the federal level. This is a big step forward, especially for residents of Virginia who can give birth in D.C. Even with marriage equality, it is essential for couples to obtain second-parent adoptions as birth certificates alone do not confer parental rights, and legal rights to children flowing from marriage may not be recognized in many states, and currently, not by the federal government.

Maryland

Beginning Jan. 1, 2013, same-sex couples have been able to marry in Maryland. Marriages between same-sex couples from outside Maryland have been recognized in Maryland since May 18, 2012, after the decision in Port v. Cowan. Port required Maryland to allow a same-sex couple to divorce in Maryland. Married couples have more than 400 state-based rights and responsibilities. However, there are some issues relating to marriage equality in Maryland that still must be addressed. For example, the Maryland comptroller takes the position that Maryland imports the federal definition of marriage for income and estate tax purposes.

For families in Maryland headed by same-sex couples, a child born into the marriage will be considered the legal child of both parents. For married lesbian couples, both parents will be on the child’s birth certificate at birth. However, we are still working through issues for gay male couples who have children through gestational surrogacy.

Virginia

There has not been much change in Virginia in laws impacting our families, except to go backward. Virginia now allows adoption agencies to explicitly discriminate against LGBT families in placements for children to be adopted.

Second-parent adoptions are not available in Virginia, not because they are specifically outlawed, but because of concerns that the Virginia Legislature may forbid these adoptions if they are attempted. However, in some Virginia counties same-sex couples may obtain a joint custody order of their children. Joint custody orders have been upheld by the Virginia courts.  These orders can be problematic though as they allow both parents to have custody, but only one parent to have responsibility for child support if the couple separates. In addition, the Commonwealth of Virginia may have a say in whether the couple is fit and proper to have their child.

General

Before or after getting married, couples should seriously consider executing pre- or postnuptial agreements which specify their rights and responsibilities during their marriage and if they divorce.  These are particularly important for our families because of the many and varied laws governing marriage for same-sex couples. And, as always, couples and individuals should complete estate planning documents. These are vital in order to make our own decisions about who should inherit our property, make our health care decisions,  manage our finances, and, if we have children, who should take care of them if we can’t.

Michele Zavos is a principal in Zavos Juncker Law Group, PLLC, which practices LGBT family law in all three local jurisdictions. She is a long-time lesbian activist attorney and was the driving force behind the passage of the new D.C. divorce statute and amendments to the D.C. Parentage law.

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Real Estate

Real terrors of homeownership come from neglect, not ghosts

Mold, termites, frayed wires scarier than any poltergeist

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The real terrors of homeownership have nothing to do with ghosts.

Each October, we decorate our homes with cobwebs, skeletons, and flickering jack-o’-lanterns to create that spooky Halloween atmosphere. But for anyone who’s ever been through a home inspection there’s no need for fake scares. Homes can hide terrors that send chills down your spine any time of year. From ghostly noises in the attic to toxic monsters in the basement, here are some of the eeriest (but real) things inspectors and homeowners discover.

Every haunted house movie starts with a creepy basement, and in real life, it’s often just as menacing. Mold, mildew, and hidden water leaks lurk down there like invisible phantoms. At first, it’s just a musty smell — something you might brush off as “old house syndrome,” but soon enough, you realize those black or green patches creeping along the walls can be more sinister than any poltergeist.

Black mold (Stachybotrys chartarum) is particularly fearsome – it thrives in damp, dark places and can cause serious respiratory problems. It’s not just gross – it’s toxic and, while some types of mold can be easily cleaned up, removing black mold can cost more than an exorcism.

Have you ever heard strange buzzing or seen flickering lights that seem to move on their own? Before you call the Ghostbusters, call an electrician. Faulty wiring, outdated panels, and aluminum circuits from the mid-20th century are the true villains behind many mysterious house fires. Home inspectors can also find open junction boxes, frayed wires stuffed behind walls, or overloaded breaker panels that hum like a restless spirit. 

Imagine an invisible specter floating through your home – something that’s been there since the 1950s, waiting for you to disturb it. That’s asbestos. Home inspectors dread discovering asbestos insulation around old boilers or wrapped around ductwork. It’s often lurking in popcorn ceilings, floor tiles, and even wall plaster. You can’t see it, smell it, or feel it—but inhaling those microscopic fibers can lead to serious illness decades later.

Lead pipes, once thought to be durable and reliable, are like the vampires of your water system – quietly poisoning what sustains you. The results of a lead test can be chilling: even a small amount of lead exposure is dangerous, particularly for children. 

And it’s not just pipes – lead paint is another problem that refuses to die. You might find it sealed beneath layers of newer paint, biding its time until it chips or flakes away. This is why, when selling a property built prior to 1978, homeowners must disclose any knowledge of lead paint in the home and provide any records they may have of its presence or abatement.

Scratching in the walls. Tiny footsteps overhead. Droppings in the attic. It’s not a poltergeist – it’s pests. Termites, rats, bats, carpenter ants, and even raccoons can do more damage than any ghost ever could.

Termites are the silent assassins of the home world, chewing through beams and joists until the structure itself starts to sag. Rats and mice leave behind droppings that can spread disease and contaminate food. Bats are federally protected, meaning your haunted attic guests can’t just be evicted without proper precautions. And I once had a raccoon give birth in my chimney flue; my dogs went crazy.

Ever step into a home and feel the floors tilt under your feet? That’s no ghostly illusion – it’s the foundation shifting beneath you. Cracked walls, doors that won’t close, and windows that rattle in their frames are the architectural equivalent of a horror movie scream.

Foundation damage can come from settling soil, poor drainage, or tree roots rising from under the structure. In extreme cases, inspectors find entire crawl spaces flooded, joists eaten by rot, or support beams cracked like brittle bones. Repair costs can be monstrous – and if left unchecked, the whole house could become a haunted ruin.

Some homes hold more than just physical scares. Behind the drywall or under the floorboards, inspectors may uncover personal relics – old letters, photographs, even hidden safes or forgotten rooms. Occasionally, however, there are stranger finds: jars of preserved “specimens,” taxidermy gone wrong, or mysterious symbols scrawled in attic spaces.

These discoveries tell stories of the people who lived there before, sometimes fascinating, sometimes chilling, but they all add to the eerie charm of an old home, reminding us that every house has a history — and some histories don’t like to stay buried.

So, while haunted houses may be a Halloween fantasy, the real terrors in homeownership come from neglect, not ghosts. Regular inspections, good maintenance, and modern updates are the garlic and holy water that turn a trick of a home into a treat.


Valerie M. Blake is a licensed associate broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her via DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.

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Advice

Sexual desire is waning, should we open our relationship?

Couple faces difficult choices after seven years

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Waning sexual interest is a problem that affects most longterm couples. (Photo by Wavebreak Media/Bigstock)

Dear Michael, 

When I met my husband seven years ago, I was super attracted to him and we had a really hot sex life.

That feeling has been waning for a while and now I am just not feeling it. 

I know that people get older, gain weight, get less attractive over time but that’s not the case here. Ben is as good looking as ever. But I have little desire to have sex with him.

It bothers me that I don’t really want to have sex with the guy I love and want to spend the rest of my life with. 

Is this why everyone else I know has an open relationship? Is there something I can do to want to have sex with my husband again?

This is causing major problems in my marriage. I don’t initiate anymore and half the time I find an excuse to not have sex when Ben initiates. He knows something is up but I usually blame it on work stress or not feeling well. I don’t want to hurt his feelings.

Aside from this, I love Ben and we have a lot of fun together. We’re very close, talk about all sorts of stuff, but not this.

Michael replies:

Pretty much everyone in a long-term relationship has to deal with decreased desire at some point.

Sex changes after you’ve been with your partner for a while. Sex is not going to be as easy, hot, and irresistible as it was at the beginning of the relationship. Newness generates a lot of the sexual heat at the outset of a relationship, and when the newness is gone, you don’t easily feel the same sizzling excitement that you felt when you first met.

Unfortunately, the kind of sex that people have at the beginning of a relationship is totally glorified in our culture as the gold standard of sex.  

I say “unfortunately” because it’s not possible to consistently have the hot sex of a new relationship, ongoing, with a long-term partner. So if you think that is the best or only kind of sex to have, you will be contemptuous of anything else, and you will be disappointed in your sex life with your partner as time marches on.

But the sizzling sex people have at the start of a relationship is just one way to have sex. If you are willing to be imaginative, and are open to change, there are many other kinds of sex that can be wonderful. 

How about sex for emotional connection? Sex for physical closeness?  Sex for romance? Sex to celebrate just being together?

So, consider changing (not lowering!) your expectations. Rather than sulking or moping that you don’t want to spontaneously jump Ben’s bones, be open to having sex with your husband that is based more on your relationship and on your love for each other.

Now, here’s a whole other angle to consider: While the excitement of a new partner often fades, there are still ways to generate excitement and passion in a long-term relationship by taking risks and revealing yourself more deeply.  Stick with me and I’ll explain.

  • You haven’t said anything to Ben about your waning interest. I encourage you to re-think this. You would be much better positioned to tackle this issue collaboratively. Not talking about how stuck you feel is likely to deepen your feeling of shame and fear that something is wrong. Speaking with Ben about what is actually a fairly common couples’ issue could be a relief.
  • Ironic as this may seem, the closer two people are, the less comfortable they may be being frankly sexual with each other. Clients often tell me that they are more comfortable expressing their real desires to someone they hardly know (or don’t know at all) than to their significant other. For one thing, the more your partner means to you, the more you may fear rejection if you reveal sexual feelings and desires that might upset or even shock your partner. For another, as couples get closer, sex may start to feel like too much closeness, and avoiding sex may be a way to create some space. 

Not speaking up about what is important keeps you distant from your partner and drains your relationship of vitality. A powerful antidote to this: work toward becoming a person who can take risks, tolerate discomfort and uncertainty, and be able stand on your own when you don’t get your partner’s validation. 

Talking with Ben, whether it’s about your lack of spontaneous desire for sex, or about sexual interests you may be keeping from him for fear of judgment, would involve your making uncomfortable moves that might lead to Ben’s judgment or even rejection. But doing so would also, of course, allow the possibility of more happening between you sexually. It would also let Ben know you better, thereby deepening the level of intimacy in your relationship. Making these moves could also be inherently exciting, which —guess what—could help to shake you out of your sexual doldrums and bring more passion and life into your relationship. 

Similarly, you might start initiating. Even if you’re afraid it won’t go well and even if you’re not feeling it. That is the only way you are going to figure out how to have satisfying long-term sex. Take the need for an erection or orgasm off the table. Sex with your partner should not be a performance. Go for closeness, connection, and what feels good. And challenge yourself to go places that you are uncomfortable about going. 

If any of this intrigues you, “Passionate Marriage” and “Intimacy and Desire,” both by David Schnarch, explore how your sexual connection can deepen over time in a long-term relationship.

Finally, with regard to your considering an open relationship as a remedy: Do you think that would enhance the sexual connection between you and Ben?

Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].

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Wedding Announcement

Douglas M. Haller and Timothy H. Longnecker wed in Detroit, Michigan

Couple weds in Detroit, Michigan

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From left, Douglas M. Haller and Timothy H. Longnecker became married partners September 15, 2025 in Detroit’s gay-welcoming suburb of Ferndale, after 11 years as domestic partners in Midtown Detroit. (Photo courtesy of That Gay Photographer, Warren, MI)

Douglas M. Haller and Timothy H. Longnecker were married on September 15, 2025 in Detroit’s gay-welcoming suburb Ferndale after 11 years as domestic partners in Midtown Detroit. Julia Music, coordinator of LGBTQ Pride celebrations in Ferndale, served as officiant.

The couple sang stanzas of the 1927 song “Side By Side” as their vows, concluding with an AI Gay Wedding Pledge: “to be Allies pursuing happiness, equality and shared dreams.”

The couples’ families hail from Detroit’s Old Redford neighborhood; Douglas is Irish and French-Canadian, Timothy is German and English. DNA testing confirmed to the couple that each shares substantial ancestry from Ostrobothnia, Finland.

Douglas began his advocacy as a gay cultural and political activist in 1971 by coming out in the disco dance scene of Detroit’s Gay Palmer Park neighborhood. In Washington, D.C. after 1974, he was an interior designer at Georgetown’s Little Caledonia boutique. Douglas became the co-owner of Hermes Antiques with Helen Coutts, a retired English Literature teacher from Redford H.S. On S St. at Connecticut Ave., D.C.’s first Pride celebrations were held in front of their shop, alongside Lambda Rising bookstore. Following victimization in an anti-gay hate attack, Douglas became the public awareness coordinator of the Gay Activists Alliance, and was the principal organizer of its Anita Bryant demonstration at Dupont Circle.

Returning to Detroit in 1979, Douglas achieved an M.A. in Ancient History & Archival Administration at Wayne State University (WSU), studying under Finley Hooper & Philip Mason; his Master’s Essay re: an American Labor Movement cartoonist, utilizing the Walter Reuther Library’s archives. His WSU 1973 B.A. included American Political/ Diplomatic History, & Interdisciplinary Studies. During 1979-82 he was Information Officer of ASP (Assoc. of Suburban People)— Metro Detroit’s largest gay and lesbian social and political organization.

Douglas relocated toSan Francisco in 1982. He was Curator of Photographs at California Historical Society Libraries in Pacific Heights and Los Angeles. Living in the Mission & Haight, he was active in Castro and South-of-Market gay life, just as the HIV/AIDS epidemic first appeared.

In 1986 Douglas relocated to Philadelphia, as Head Archivist of the University of Pennsylvania Museum of Archaeology/Anthropology; authoring an illustrated book on Maison Bonfils, 19th-century French photographers of the Near East. Douglas was Founding Archivist of Penguin Place, now Philadelphia’s William Way LGBT+ Community Center. He became a Charter Member, Academy of Certified Archivists; and Founding Member, Lesbian/ Gay Archives Roundtable, Soc. of American Archivists (Chicago).

Returning to WSU’s Reuther Library (1998), Douglas was Coordinator of Audiovisual Collections, & History of Photography Instructor. Following 9/11 Attacks (2001), he relocated to New Orleans as Head Curator of Louisiana State Museums. Later owning the Gay-welcoming Creole Inn B&B in the Marigny (nr the French Quarter), with his finger on the pulse of Nawlins’ Gaylife—until Hurricane Katrina (2005). GLBT+ neighborhoods weren’t inundated—becoming lively islands amidst destruction. Douglas returned to Detroit in 2008 as caregiver for his mother, Jeanette Kalahar (Haller) Marchand, formerly a radio singer in 1940s Detroit. He met Timothy in 2014.

Timothy achieved a 1991 MBA in Finance & 1985 BS in Management Information Systems from the Univ. of Michigan-Ann Arbor. During 30 years, he held Information Technology & Automotive Business positions in Metro Detroit & LA, including Partner at Deloitte & Touche, Ford Motor & IBM. As a Consultant, his work involved extensive travel in North America, Europe & Asia. He has two married daughters from a previous marriage, a Pediatric Cardiology Nurse Practitioner & a Recruiting Executive for Automotive Technology clients, both living in Metro Detroit. As their final project before retirement, Timothy & Douglas worked as Archivist & Technology Consultant for Detroit educators Harriet (Choreographer) & Irving (Sculptor) Berg. Harriet acted as a godmother during their early relationship & they assisted in caregiving during her final years.

Timothy and Douglas spend their retirement in a 1905 apartment near the Detroit Institute of Arts’ exhibits, films and concerts, enjoying ethnic restaurants, and traveling. In 2025 they went by train to experience the “First Homosexuals 1869-1939” exhibition in Chicago. The curator of the exhibition, Jonathan Katz, 1976 book “Gay American History”, inspired Douglas to become a gay archivist.

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