Living
Update on LGBT family law
D.C. area features wide array of legal protections

(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.
Advice
We’re getting married but our parents object
Will their disapproval and shortcomings derail our hopes for a happy life?
Dear Michael,
My girlfriend and I are getting married! We’re really excited, but we’ve got some big concerns as well.
All of our parents have had multiple marriages. I think 10 between the four of them. So we don’t have much in the way of role models for a successful marriage.
Also, we don’t have any parental support. Except for one of my ex-stepmothers whom I’m close to, none of our parents are happy that their daughter is getting married to another woman. That’s an understatement. Religious objections, moral objections, being angry that we’re “embarrassing them,” these are some of the things we’ve been told.
We do have some supportive siblings and step-siblings, which is great, although they’re getting pushback from parents about attending our wedding.
Given all this, what suggestions do you have for how we can make a go of our marriage? The divorce rate is over 50 percent for everyone. With all this baggage, we’re worried that we have even less of a chance. Thank you.
Michael replies:
First, congratulations!
Regarding your lack of family support: I’m sorry that you both have to deal with so much criticism, disdain, and judgment. Please don’t let your parents’ negativity influence your own views of yourselves and your relationship. Focus instead on the love and caring you will get from friends, community and the family who are present on your big day (I hope your siblings are brave enough to make it!). Being the recipients of that support is one of the sweetest parts of getting married.
Don’t worry about the high divorce rate. While some couples really shouldn’t stay married, lots of people get divorced because they don’t know what is required to have a good marriage, or don’t put in the effort to do so. That does not have to be your fate.
Similarly, your parents’ terrible track record doesn’t mean you have to repeat their marital histories. The skills to have a strong marriage are learnable.
To that end, here are the best tips I can offer the two of you:
- If you want a loving marriage, be a loving partner. Don’t snipe, sulk, or do the silent treatment when you’re mad. Unconditional love is largely a myth. Even our dogs won’t love us if we are mean to them.
- Don’t spend much time or effort focusing on what your spouse is doing wrong or how she is letting you down. Doing so leads to resentment and feeling like you’re a powerless victim. Instead, ask yourself what your own contribution is to the problem, and what you can do to make things better. You don’t have much power over your partner, but you have a lot of power over yourself.
You can certainly ask your spouse for what you’d like from her, but don’t expect to always get it. And don’t base your own wellbeing or good behavior on what your partner does or doesn’t do.
- Because any two people are always different in some important ways, there is no way that you both can always want the same things, or think the same way, or have the same priorities. Accept this! There has to be room for each of you to be an individual, not only part of a couple.
- Be generous as often as you can be, and have a boundary when it’s important for you to have one.
- When your spouse states that she has a boundary, respect it. Do not push her to back off from something that is important to her.
- Don’t keep score, including how much more you do or how often you don’t get your way. Instead, work together to have a collaborative marriage where you work together to make decisions and get things done.
- Strive not to weigh the relationship down with neediness. Once we’re grownups, it’s mainly our own job to soothe ourselves. You don’t want to burn out your partner’s empathy.
Of course you can ask for a hug, love, reassurance, support, advice, and a shoulder to cry on when you’re down. Just aim be the first person you turn to when you’re upset, and do your best to keep your own mood steady.
- Do not wait for your significant other to go first. Not on planning a date, not on apologizing, not on loading the dishwasher or cleaning the bathroom. If you wait for her to make the first move, you will have a resentful relationship where nothing good ever happens.
Keeping these principles part of your operating system, even — and especially — at those moments when your spouse isn’t doing her best, will go a long way toward helping you build and maintain a loving and happy marriage.
Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C., Maryland, Virginia, New York, and all PSYPACT states. 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].
Technology
E-INFOSOL leaders encourage youth to pursue tech careers
Service-disabled, veteran-owned business based in Rockville
The technology field can be a gateway to economic mobility.
At E-INFOSOL, a service-disabled, veteran-owned business based in Rockville, Md., CEO and co-founder Fredy Pesante and Vice President of Service Delivery Charles Barnett say internships, mentorship and free online resources can help young people break into IT. The U.S. Bureau of Labor Statistics projects an average of 317,000 job openings per year in the field until 2034.
Led by Iraq War Army veteran Pesante, E-INFOSOL stands out for its efforts to increase opportunities for veterans, people of color and others in under-resourced communities to find careers in tech and its mental health support for employees.
Pesante and Barnett spoke with Youthcast Media Group about technology careers. The executives also talked about the value of government security clearances, stressing that the choices youth make today — including their digital footprints and personal conduct — can shape tech workforce opportunities.
The interview has been edited for clarity and length.
Can you describe what E-INFOSOL does and what your role is there?
BARNETT: We focus mainly [on] providing IT services to the federal government. And those IT services consist of cloud engineering, cloud development, cloud security, app development and cybersecurity, and a lot of infrastructure virtualization-type work. My role is [vice president] of service delivery, responsible for ensuring that we are providing great customer service to our customers [and] that we are meeting our deliverables and our requirements to our customers. But also, one of the key focuses is ensuring that our employees have the tools [and] resources to be successful, and that includes coaching, training and developing our employees, and obviously treating them like they want to be treated.
Is IT a career that can help reverse the cycle of poverty in low-income parts of the D.C. area? What more would need to be done to potentially get more youth access to the right technology and training?
BARNETT: One thing we’ve got to ensure is that we, as professionals that have been through it, that have had a lot of experience in the IT space, provide that mechanism to bring folks along with us. That is, exposing our youth to information technology at a young age. If we can show that it’s very interesting, and it’s beneficial, and if they are committed to it and they show a sense of pride and commitment, I think it works out for a lot of people that are coming up from disadvantaged communities that don’t have technology within the house and who don’t have mentors that come from the technology field.
PESANTE: I still think internships work well for high school, even college. IT certifications are still something in demand in specific areas … Charles and myself, we’re part of the Technology Advisory Board at [Montgomery College] and they offer free resources as well to give an advantage to students that don’t have a career path. So find a way to leverage those local resources that are available and try to capitalize on those. IT is such a great field because even though it’s great to have an undergraduate (degree), that is not always a full basis into having an IT career. So you could start in high school … There’s a lot of free stuff online. There’s a lot of YouTube videos. There’s so many resources. To be honest, there’s even now AI that can really teach you [and] it’s free to a certain level that you could use.
As a veteran-led company with a significant veteran workforce, how does E-INFOSOL support employee well-being and mental-health awareness?
PESANTE: Approximately 35 percent to 40 percent of our employees are veterans. Veterans often gravitate toward working with one another because we share a mission-focused mentality and a commitment to getting the job done.
Mental health has always mattered to us, but it became even more personal after we lost one of our respected leaders, a fellow veteran who had battled mental illness. I worked closely with his family to help honor his story and legacy.
That experience reinforced the importance of supporting mental health across our entire workforce. We encourage managers to maintain meaningful contact with employees, provide appropriate training, and connect people with available resources. We want our actions to match what we say about being a people-first company. Our employee retention has remained strong, and I believe the way we care for our people has contributed to that.
How does getting or having a U.S. government security clearance help? How would a young person pursue getting a security clearance, and what should they keep in mind if they plan to do so?
PESANTE: We live in a world of social media. Make sure you’re … not going to be concerned with somebody finding you on the Internet behaving a certain way. Even though, in some locations, drugs like medical marijuana and what not are considered legal, [that is] not [the case] in the federal government. The use of any substances that could be mind-altering, that’s not a thing [that’s allowed] in the federal government. Also, from a legal perspective, from a criminal background perspective, that’s something that any checkup is going to come up [with], so [make] sure that you’re behaving in a manner exemplifying honesty, reliability, sound judgment, responsible conduct, and trustworthiness. The best thing for getting clearances at that early jump is internships. We’ve been able to get people clearances through the internship process. After a person fits a specific requirement, you train them and they get a government clearance, and that helps them have a head start. When I moved out here after living in Puerto Rico and I was in the Army, I had a clearance. I was able to find a job quickly.
Any other advice for young people considering this path?
PESANTE: I would say go for it. As minorities, there are a lot of external factors we can’t control, but nobody can ever stop you if you’re great at what you do, if you have a strong work ethic and if you put a lot of effort into making the best out of yourself. It’s never too early to work on yourself and look for ways to work on your professional career, work on your soft skills… Make sure you are working with peers and surrounding yourself with the right people throughout your whole life. I had a mentor myself when I started in the business — Carlos Rivera. He’s from Puerto Rico. He was a veteran. And that always helped me out, having somebody that you want to aspire to [be].
BARNETT: Do not be afraid to fail. You know you’re going to make mistakes. People around you are going to make mistakes. Learn from it, and learn from that, and don’t allow people to impact your goals and objectives. You set your path and if you set your path, you’re going to go a very long way, and if you’re really committed and continue to establish relationships along your entire path, you’re going to reap the benefits of ensuring that you are in a position to take advantage of opportunities that are in front of you.
Joseph Jackson is in the class of 2027 at Bard High School Early College DC, one of Youthcast Media Group’s partner schools. Shreya Jyotishi, YMG Assistant Manager of Content and Programs, also worked on this story.
Remember when buying a new car didn’t require the financial stamina of a “Succession” character? This summer, the average new-vehicle price hit $49,758—basically $50,000 with a little lipstick on it. That makes the Kia K4 hatchback and Nissan Kicks especially refreshing. Neither requires a second mortgage, a trust fund or a makeover to look good. And both prove you can still buy a new vehicle without selling your soul — or your vacation plans.
KIA K4 HATCHBACK
$25,000
Mpg: 28 city/34 highway
0 to 60 mph: 9.1 seconds
Cargo space: 22.2 cu. ft.
PROS: Edgy exterior. Roomy interior. User-friendly controls.
CONS: So-so base engine. Pricy turbo. No all-wheel drive.
WHAT’S NEW: Basically everything. The K4 hatchback debuted earlier this year, joining the K4 sedan.
Kia’s stylish five-door K4 boasts three trim levels. The first two use a capable four-cylinder engine, while the top-of-the-line model comes with a turbo.
That turbo provides some genuine zip, though it won’t blow your socks off. Think Janelle Monáe in a tailored suit, not Brad Pitt arriving at the F1 racetrack in a fireproof jumpsuit.
The real star, though, is the design. Sleek. Upscale. A tad mysterious.
Inside, another surprise: vast legroom and storage. Fold the backseats and you can toss in the usual road-trip clutter, plus that regrettable piece of furniture you bought after watching one too many HGTV shows.
Technology is also a bonus, including a digital key that lets you use a smartphone or smartwatch as a direct key fob. You can even share this digital key with friends or family. Just don’t share it with anyone who often loses their actual keys.
Despite some SUV vibes, the K4 remains unapologetically car-like. It sits lower. Feels more conventional. And offers hatchback practicality without itching to conquer the Rockies.
The biggest downside? No all-wheel drive.
Still, for shoppers who crave style, space and gadgetry, the K4 won’t break the bank. To me, it’s like finding a designer jacket at a thrift shop.
NISSAN KICKS

$23,000
Mpg: 28 city/35 highway
0 to 60 mph: 8.9 seconds
Cargo space: 23.9 cubic feet
PROS: Dashing design. Safety gear galore. All-wheel drive.
CONS: Bit pokey. Noisy engine. Limited rear visibility.
WHAT’S NEW: Redesigned last year with a bit more power, bigger cabin and bold looks, Nissan leaves the winning formula alone.
Like the Kia K4, the Nissan Kicks comes in three trims levels. But it also includes all-wheel drive — a nice plus when navigating snow, sleet or cratered alleys.
There’s an extensive suite of active and passive safety features. And the high ground clearance improves driver visibility, which is somewhat hindered in the back by thick roof pillars.
Styling is tastefully flamboyant. Dramatic lighting. Two-tone finishes. Cheerful, without being cartoonish. Miranda Priestly would approve.
Power, though, is more akin to Miranda’s art director Nigel Kipling. Dependable. Functional. Just not enthusiastic.
Inside, the mod cabin has large 12.3-inch displays, wireless smartphone connectivity and charging, and “zero gravity seats” designed to reduce driver fatigue and stiffness. Add in the stunning Bose Personal Plus audio system, with 10 speakers—including those integrated into the headrests—for an immersive 360-degree sound experience.
The Kicks doesn’t try to be rugged or luxurious. It simply offers a lot of everyday usefulness in a small package.
There is a trade-off. The engine gets noisy when pushed, and there are sportier (often pricier) competitors. But that’s hardly a crime. Not every vehicle needs to perform catwalk struts down the street.
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