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DOMA ruling to have ‘huge’ impact on D.C. region

Attorneys tell same-sex couples: Talk to your employer about benefits

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Adam Ebbin, Virginia, gay news, Washington Blade
Adam Ebbin, Alexandria, Virginia, Senate, Democratic Party, gay news, Washington Blade, DOMA

‘The state’s hands are tied until we change the constitution,’ said Virginia Sen. Adam Ebbin (D-Alexandria) of efforts to extend marriage rights to couples in the commonwealth, following a momentous ruling by the U.S. Supreme Court striking down DOMA. (Washington Blade file photo by Michael K. Lavers)

The large number of federal government employees in the D.C. metropolitan area will ensure that many same-sex married couples living in the region, including those living in Virginia, will soon receive full federal benefits and rights that come with marriage in the wake of the Supreme Court’s decision last week to overturn the Defense of Marriage Act.

According to local attorneys familiar with family law, the Obama administration has taken immediate steps to direct the U.S. Office of Personnel Management to provide all federal marriage benefits to government workers and their same-sex spouses.

“Certainly for federal civil servants there will be a clear effort from the administration to allow people who marry anywhere to take advantage of their federal civil service benefits regardless of where they currently live,” said Takoma Park, Md., attorney Susan Silber, whose law firm has represented lesbian and gay couples on matters pertaining to family law.

“So that’s huge for our metropolitan area,” she said. “And it will be huge for people who live in places like Virginia and West Virginia and Pennsylvania” where many federal workers live.

Silber and local attorney Michelle Zavos, who, like Silber, represents LGBT clients in the D.C. metro area, said following the DOMA decision, same-sex couples can expect support in their quest to obtain both state and federal marriage benefits from state officials in D.C., Maryland and Delaware, where same-sex marriage is legal.

But the two attorneys said most of those benefits won’t come automatically and same-sex married couples in the three jurisdictions must come forward to apply for the benefits.

“This is something they have to do proactively,” Zavos told the Blade. “And what I would say is federal workers, especially, need to contact their Human Resources Department immediately to find out what they need to do. They cannot sit on this.”

Zavos noted that similar to any married employee, both federal and private sector employees need to inform their employer through the personnel or human resources department that they are married and will qualify for benefits such as health insurance for their spouse.

In the case of the federal government, enrollment in such benefits often becomes available only during an “open enrollment” period once a year. However, OPM officials have said the federal personnel agency was expected to schedule another open enrollment period in the coming weeks in light of the Supreme Court’s decision overturning DOMA.

Silber, Zavos and other attorneys familiar with Virginia said they were watching closely as Obama administration officials assess ways to extend federal marriage benefits to same-sex couples who legally marry in a state that recognizes same-sex marriage but live in states that do not recognize such marriages.

In the week since the Supreme Court ruling on DOMA, legal experts have said some federal benefits linked to marriage, such as Social Security survivor benefits, are tied to the state where a couple lives rather than the state where the couple married.

Claire Gastanaga, an attorney who serves as general legislative counsel for the statewide LGBT group Equality Virginia, said the question of whether a federal marriage benefit is available to same-sex married couples living in Virginia must be decided by the federal government, not by Virginia state officials.

“It’s really a question of how they choose to interpret the federal law,” Gastanaga said. “There are a thousand different federal laws. Some of them refer to the place of celebration [of the marriage] and some refer to the domicile of the couple,” she said.

“Some of those requirements are statutory, some are regulatory and some are policy,” she added. “So there’s lots to be ironed out at the federal level before we know the answer to that question.”

Adam Ebbin, the gay Virginia state senator representing a district in the Alexandria area, said that while Virginia’s current governor and attorney general are unsympathetic to LGBT issues and oppose marriage equality, any state elected official would be restricted in taking steps to extend benefits to married same-sex couples under an anti-gay marriage amendment passed by voters in 2006, despite the DOMA decision.

“The Virginia marriage amendment, which is part of our state constitution, says the state can’t recognize or grant benefits of marriage for same-sex couples,” Ebbin said. “So the state’s hands are tied until we change the constitution.”

Ebbin said the momentum in support of marriage equality generated by the Supreme Court decision overturning DOMA would have a “major” impact on efforts in Virginia to repeal the same-sex marriage ban.

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Rehoboth Beach

CAMP Rehoboth hires new executive director

Dr. Robin Brennan’s background includes healthcare, fundraising roles

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Dr. Robin Brennan

CAMP Rehoboth, the Delaware LGBTQ community center, on Monday announced Dr. Robin Brennan as the organization’s new executive director.  

Brennan, who is relocating full time to Rehoboth Beach with her wife and daughter, will start on March 23. The position opened up following the retirement of Kim Leisey after more than two years in the role.

Brennan’s background is in health systems. At Nemours Children’s Health in Wilmington, Del., she held senior roles in evaluation, population health, and DEI education, according to a CAMP Rehoboth statement. Most recently, she served as vice president and Chief Diversity and Inclusion Officer at Redeemer Health. Brennan is an experienced fundraiser, according to the statement.

“After conducting a comprehensive national search, the Board of Directors selected Robin because of her depth of leadership experience, her fundraising acumen and her overall joyful, focused approach,” said Leslie Ledogar, president of the CAMP Rehoboth board of directors and chair of the Executive Director Search Committee. “The fact that core to her leadership is her belief that community well-being is inseparable from access to health, culture, education and the arts – an approach that mirrors CAMP Rehoboth’s holistic mission – makes Robin the exact next person to lead CAMP Rehoboth today and into the future.” 

“I am deeply honored to serve as CAMP Rehoboth’s executive director as we enter an exciting new chapter,” said Brennan. “I was drawn to CAMP Rehoboth because of its unwavering mission, deep roots in the community, and the meaningful role it plays in bringing people together. I look forward to meeting members of the community, listening to their stories, and building meaningful relationships with the many people who make CAMP Rehoboth such a vital community anchor.”

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Comings & Goings

Ferentinos joins National Museum of American History advisory board

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Susan Ferentinos, Ph.D.

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to Susan Ferentinos, Ph.D., on her appointment to the Advisory Board of the Smithsonian’s National Museum of American History. On her appointment she said, “This is a moment when historians must stand up for accuracy, complexity, and the full breadth of the American story. I look forward to working with my fellow board members to ensure the National Museum of American History continues to fulfill its mission of serving all Americans with the highest standards of scholarship and integrity.”

Ferentinos operates her own national consulting business based in Port Townsend, Wash., with satellite operations based in Delaware County, Pa. Her business helps museums, historic sites, and government agencies expand and diversify the stories they tell about the American past. Her work focuses on interpreting LGBTQ history and women’s history, bringing overlooked narratives into mainstream historical interpretation. Her clients have included the National Park Service, the American Association for State and Local History, Baltimore Heritage, and numerous museums and historic sites across the country.  Among her many accomplishments, Susan was part of the teams responsible for getting three LGBTQ sites designated as National Historic Landmarks. Two of those landmarks are in Washington, D.C. She authored the NHL nominations for the Furies Collective, in Capitol Hill, building on research performed by local historian Mark Meinke, and she authored the NHL nomination for the home of African-American educators Lucy Diggs Slowe and Mary Burrill, in Brookland, building on research by Eric Griffitts and Katherine Wallace, of EHT Traceries. 

Ferentinos earned her bachelor’s degree from College of William and Mary in International Development and Philosophy; a master’s from Indiana University in United States History; and a Ph.D. from Indiana University in United States History.

Shawn Gaylord

Congratulations also to Shawn Gaylord on joining a team at Berkshire Hathaway PenFed Reality in Solomons, Md. His focus will be Southern Maryland – Calvert, St. Mary’s, Charles, and Anne Arundel. Gaylord still leads the LGBTQ+ Strategies Team at The Raben Group and works part-time on federal policy for GLSEN. 

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Maryland

Md. Commission on LGBTQIA+ Affairs released updated student recommendations

LGBTQ students report higher rates of bullying, suicide

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(Washington Blade photo by Ernesto Valle)

The Maryland Commission on LGBTQIA+ Affairs has released updated recommendations on how the state’s schools can support LGBTQ students.

The updated 16-page document outlines eight “actionable recommendations” for Maryland schools, supplemented with data and links to additional resources. The recommendations are: 

  • Developing and passing a uniform statewide and comprehensive policy aimed at protecting “transgender, nonbinary, and gender expansive students” against discrimination. The recommendation lists minimum requirements for the policy to address: name, pronoun usage, and restroom access.
  • Requiring all educators to receive training about the specific needs of LGBTQ students, by trained facilitators. The training’s “core competencies” include instruction on terminology, data, and support for students.
  • Implementing LGBTQ-inclusive curricula and preventing book bans. The report highlights a “comprehensive sexual education curriculum” as specifically important in the overall education curriculum. It also states the curriculum will “provide all students with life-saving information about how to protect themselves and others in sexual and romantic situations.” 
  • Establishing Gender Sexuality Alliances “at all schools and in all grade levels.” This recommendation includes measures on how to adequately establish effective GSAs, such as campaign advertising, and official state resources that outline how to establish and maintain a GSA. 
  • Providing resources to students’ family members and supporters. This recommendation proposes partnering with local education agencies to provide “culturally responsive, LGBTQIA+ affirming family engagement initiatives.” 
  • Collecting statewide data on LGBTQ youth. The data on Maryland’s LGBTQ youth population is sparse and non-exhaustive, and this recommendation seeks to collect information to inform policy and programming across the state for LGBTQ youth. 
  • Hiring a full-time team at the Maryland Department of Education that focuses on LGBTQ student achievement. These employees would have specific duties that include “advising on local and state, and federal policy” as well as developing the LGBTQ curriculum, and organizing the data and family resources. 
  • Promoting and ensuring awareness of the 2024 guidelines to support LGBTQ students. 

The commission has 21 members, with elections every year, and open volunteer positions. It was created in 2021 and amended in 2023 to add more members.

The Governor’s Office of Communication says the commission’s goal is “to serve LGBTQIA+ Marylanders by galvanizing community voices, researching and addressing challenges, and advocating for policies to advance equity and inclusion.” 

The commission is tasked with coming up with yearly recommendations. This year’s aim “to ensure that every child can learn in a safe, inclusive, and supportive environment.” 

The Human Rights Campaign’s most recent report on LGBTQ youth revealed that 46.1 percent of LGBTQ youth felt unsafe in some school settings. Those numbers are higher for transgender students, with 54.9 percent of them saying they feel unsafe in school. 

Maryland’s High School Youth Risk Behavior Survey reveals a disparity in mental health issues and concerns among students who identify as LGBTQ, compared to those who are heterosexual. LGBTQ students report higher rates of bullying, feelings of hopelessness, and suicidal thoughts. Nearly 36 percent of LGBTQ students report they have a suicide plan, and 26.7 percent of respondents say they have attempted to die by suicide. 

The commission’s recommendations seek to combat the mental health crisis among the state’s LGBTQ students. They are also a call for local and state governments to work towards implementing them. 

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