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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

Moving presents a chance to ‘clean house’

Leave some of the old you behind

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Moving is a good opportunity to shed the old and make way for the new. (Photo by Basilico Studio Stock/Bigstock)

One of the biggest headaches of the new home process is the actual moving part. By the time someone is buying a home, most people are beyond the “I just need a pickup truck, a pizza and a case of beer for my friends.” 

If that is still someone’s preferred way to move, that’s great. However, many people find they need a much more robust plan. It can also trigger a lot of feelings about items one owns, what to do with them, do they have too much, should I keep this memento that I never use? Etc. 

Moving is a chance for a person to “clean house” literally, figuratively, spiritually and energetically. A person can figure out which items they want to keep, and which need to go. As someone who recently moved across the country, I can speak to this experience. It’s also time for what people call “the fresh start effect.” This phenomenon, according to psychologists, can happen in little moments (like the start of a new work week) and bigger moments (such as moving from one home to the next).  

The fresh start effect offers these benefits often mentioned by psychologists:

  • Mental Accounting: Dates act as chapter breaks, letting you put past failures into a previous period.
  • Psychological Distance: You separate your flawed past self from your aspirational future self (“That was the old me”).
  • Optimism Boost: New beginnings clear mental clutter and increase your sense of agency and control

Does this mean that “the new you” will be the perfect version you envisioned? Probably not. We are humans. But it might mean you get a chance to “leave some of the old you behind” within the walls you used to live in, and now have a chance to have a new layout, a new décor, a new color pattern, new wallpaper, donate old furniture and books or magazines, throw out clothes you no longer use or fit in, and enjoy the opportunity to literally use the, “Does this spark joy?” method that was made so popular by Marie Kondo in her Netflix series.  

So, for all its hassle and headache, moving is a chance to shake off the “old you” and try on the new you, to incorporate the items you would like to keep and use more of, and shed the items, habits, and ways of thinking that you feel no longer serve you. 

I can speak to the experiences that several of my clients had when they moved from a previous residence to a newer one. It usually coincided with a change in relationship status, a change in employment, a change in family size, but sometimes it just seemed to correlate to a new attitude and perspective that the client was really hoping for. 

I have literally had clients come to me after the fact, in tears, that they were so happy they made the decision to move out of a situation that no longer served them, and move into one that felt like a much better fit. 

Change can be annoying and overwhelming at times, but usually most people come out the other side, not wanting to return to the way they were before. 


Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].

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Autos

EV ecstacy: BMW iX3, Rivian R2

Two eclectic electrics arrive on the scene

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BMW iX3

Despite a U.S. political climate that has made electric vehicles about as welcome as a vegan at a Texas barbecue, automakers haven’t gotten the memo. The 2027 BMW iX3 and Rivian R2—in showrooms soon—prove the point. But think of them as distant cousins: one arrives impeccably dressed; the other probably has a kayak strapped to the roof.

BMW iX3

$62,000

Range: Up to 434 miles

0 to 60 mph: 4.7 seconds

Cargo space: 30.4 cu. ft. 

PROS: Huge driving range. Distinctive styling. Cutting-edge interior. 

CONS: Quirky digital controls. Only one U.S. trim level. Pricey options.

WHATS NEW: This is BMW’s first production model on its state-of-the-art Neue Klasse platform, radically changing the technology, cabin and electric drivetrain.

The iX3 arrives on our shores in one trim level, the iX3 50 xDrive. Load it up with options and you can sail well past $80,000. 

Depending on configuration, this luxe EV delivers an astonishing range before recharging. And a dual-motor, all-wheel-drive system produces 463 horsepower, which allows you to tootle around as fast as a Porsche 718 sportster.

The new “Panoramic iDrive” spreads information across the base of the windshield, supplemented by a central display and steering-wheel controls. An available 3D head-up display adds even more info. It’s futuristic, busy and unmistakably BMW—like someone decided the dashboard needed its own coming-out party.

Then there’s the “Heart of Joy” computer, which coordinates the motors, braking and steering for sharper responses and smoother control. The name may sound like something from a self-help retreat, but the innovation makes the iX3 seriously entertaining to drive.

You also can charge the iX3 from 10 percent to 80 percent in just 21 minutes. Nice.

This isn’t merely an electric X3 with the gasoline bits removed. It’s a tech reset for BMW. Compared with the R2, the iX3 is more polished, more luxurious…but, alas, considerably pricier.

RIVIAN R2

$45,000

Range: Up to 345 miles

0 to 60 mph: 5.9 seconds

Cargo space: 28.7 cu. ft. 

PROS: Affordable luxury. Rugged looks. Clever storage.

CONS: No smartphone integration. No glass-roof shade. Touchy touchscreen. 

WHAT’S NEW: Everything—the R2 is Rivian’s all-new, smaller electric SUV, and it brings the brand’s adventure-first attitude to a price point far below the larger R1S.

If the BMW iX3 is wearing a beautifully tailored jacket, the Rivian R2 has its sleeves rolled up.

With edgy styling, this is no anonymous crossover wearing an EV costume. Chunky details. Upright proportions. Distinctive lighting all give off an outdoorsy vibe without turning the R2 into a rolling REI catalog.

There are four configurations, with pricing from $45,000 to $58,000. That’s a big difference from the BMW—and potentially the R2’s biggest weapon.

The stats aren’t shabby, either. Driving range is from 275 to 345 miles. The dual-motor, all-wheel-drive setup produces between 350 horsepower and a frankly bonkers 656 horsepower. And the high-performance model lets you zip from 0-to-60 mph in just 3.6 seconds.

Drag-racing credentials? Absolutely!

Inside, there is lots of clever packaging, with flexible seating and generous storage. This EV is designed to carry actual stuff, not merely impress your neighbors.

Yes, there are quirks. Rivian skips Apple CarPlay and Android Auto, while everyday controls—some of which are less than intuitive—live on the touchscreen. And the panoramic glass roof lacks a conventional shade. Huh?

For some owners, those will be minor annoyances. For others, they’ll become daily reminders that Rivian marches to its own beat.

Perhaps that’s not a bad thing, though. The R2 feels less buttoned-up, more mischievous. It’s the automotive equivalent of Billy Porter ignoring the dress code and somehow looking better than everyone who followed it.

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Advice

We’re getting married but our parents object

Will their disapproval and shortcomings derail our hopes for a happy life?

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Our parents are all divorced and they disapprove of gay marriage. What should we do? (Photo by Cristian/Bigstock)

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].

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