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Marriage in Md. — celebration and legal realities

What the law means for couples, kids and more

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By SUSAN SILBER & SUSAN FRANCIS

Hearing about the first couples being issued their marriage licenses, receiving the happy news of friends planning to get married, contemplating our own futures and seeing couples finally able to marry on Jan. 1, we, as the rest of our community and allies, are nearly left speechless by the historical magnitude of what is happening in our state.

We share the joy, happiness and relief of knowing that our families will be recognized and treated with more protections than at any time in our history. However, because of the Defense of Marriage Act (DOMA), even if you do choose to marry, your relationship will be left unprotected by more than 1,000 federal laws enjoyed by straight married couples.

Can we marry? The patchwork of relationship recognition for our families has evolved quickly in the last 10 or so years. If you were legally married in another state or country, then you are legally married in Maryland and you cannot marry again. If you have a civil union or registered domestic partnership (including an affidavit of domestic partnership in Maryland), then you can marry as long as it is to the same person. Marrying will carry the additional state legal recognition and benefits.

If you have a civil union or domestic partnership, and you want to marry someone else, you need to legally dissolve your previous status. If you live outside Maryland, you can marry without any residency requirement, but if you live in a non-recognition state not only will your marriage not be recognized when you return home, if you ever need to end your marriage you may have a problem getting divorced since your home state won’t recognize your marriage even to end it, and Maryland has a one-year residency requirement for divorce.

What does marriage mean for parenting? Regardless of your marital status, you must do a second-parent adoption. It’s the only way to ensure that your parental relationship to your child, as the non-biological parent, is recognized and honored by all states. An adoption order from a court must be recognized by other states. Two lesbian moms who are married can be named on the baby’s birth certificate, but being named on the birth certificate does not establish parentage if you move to a non-recognition state.

Anytime you leave Maryland, you may be placing the relationship with your child in jeopardy, because a state that doesn’t recognize your marriage does not have to recognize all of the things that flow from it, including your status as a second parent based solely upon your marriage.  Two dads cannot be named on a birth certificate, and also need to go through the adoption process. Once the adoption has occurred, DOMA does not apply to the parent-child relationship, and the child is eligible to receive federal benefits that flow from the second parent (e.g., social security benefits).

What else can we do to protect ourselves? Regardless of whether you choose to marry, you should do your estate planning. As we know, our families still encounter hostility from our families, hospitals, funeral homes, among others, and it’s important to make sure we’ve taken the legal steps to ensure our wishes are honored. In addition, you might want to consider re-titling your property to tenancy by entirities. It’s a status only available to married couples and prevents creditors of one of the parties from trying to secure an interest in your home. Up until now, same-sex couples have not had that option.

It also might be appropriate for you and your partner to create a prenuptial agreement in order to navigate potential issues including property, allocation of other resources and committing to pursue a non-adversarial method (like mediation or the collaborative process) if you need to end your relationship in the future. Because recognition of the length of our relationships (there may be a significant difference between how long we’ve been in a committed relationship and how long that relationship has been recognized by the state), or the way we view our family which may be much broader than what the court would consider our legal family, the best way to protect ourselves and our families may be to create a prenuptial agreement.

The agreement can clarify issues and resources most important to our families, instead of letting a court make those decisions for us. We can decide how to best allocate resources and property, whether alimony should be considered, and we can have those conversations when we’re best able to have them without conflict. It’s an opportunity to have the benefits of marriage and also customize our responsibilities to our families and make our own decisions. If you’re already married, you also may want to consider a post-nuptial agreement, which would provide the same benefits of determining the best outcomes for your family.

What is DOMA’s impact? As mentioned in our Nov. 30 Blade article, because of DOMA, there are definite drawbacks for some couples choosing to marry. It’s important to think through how your future might be negatively impacted by choosing to marry and recognize the benefits that won’t be available until DOMA is repealed. There are a number of benefits that same-sex married couples won’t have access to including Social Security spousal or survivor benefits, veteran benefits, federal health insurance, some retirement benefits and death benefits. It also impacts issues like health insurance coverage and a multitude of taxes. The U.S. Supreme Court has decided to hear the Windsor case challenging the federal definition of spouse under DOMA as a man and a woman. A decision is expected in June 2013. This will be a time for re-evaluation.

As we rejoice in this most significant step toward equality in our state, we encourage you to contemplate the impact that choosing to marry might have on you, your partner and your family.  For many couples, it is a good idea to speak to a lawyer first to make sure you are fully informed of all the legal implications while making this important life decision.

Susan Silber and Susan Francis are attorneys at Silber, Perlman, Sigman & Tilev, P.A. and practice in Maryland and D.C. Reach them at [email protected] and [email protected].

 

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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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Should I divorce my catty gay friend group?

They’re mean but I’m afraid to be alone

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(Image by Andrew Rybalko/Bigstock)

Hi Michael,

When is it worth stopping being friends with someone, or more than one person?

Lately I feel like my friends aren’t being very nice to me. In fact it reminds me of high school, and junior high school, when I was being bullied.

I’m not the most attractive in the group, I know that. They are always ribbing me about not working out enough or that I should get a hair transplant (I am balding) or making fun of the way I dress. I am not that stylish, I just don’t have a good sense for clothes. I thought about asking for some advice but I worry that would just lead to more mocking.

That I am not having as much sex as they are—it’s actually my preference, but of course I get comments about not being able to get someone to hook up with because of my appearance, clothes, low-key personality etc.

As I’m writing this I could go on and on. I think I’ve just tried laughing with them or ignoring it, but it does really get to me. 

There’s a standard in this town that I know I don’t fit. Great body, handsome face, overall hot, witty and sarcastic sense of humor, make a lot of money in some impressive job. I am sure you know the type I am describing. 

Some of the things I can’t help (appearance), some I don’t really want to fix (hooking up a lot). My brother died of an overdose so I don’t use drugs or alcohol, which, no surprise, evokes more judgment. 

My job is my job, I like it a lot and it is meaningful to me but I’m never going to be rich.  

The problem with that is, all my friends like to take a lot of expensive vacations. I can go on some but not on all. When we go I am watching my expenses, which provokes more judgment and jokes, always delivered as if they are “kidding” but it hurts.

I started off by saying I feel like I’m back to being a bullied kid. You know, laugh it off so that they don’t see you crying. But it doesn’t feel like I am respecting myself when I do that.

If I speak up and ask them to stop, I just get more jokes. I am NOT taken seriously.

The idea of walking away is scary, though. Who else would I have to spend my weekends with? I am afraid of being lonely. 

I could write more but I think I’m conveying why I am feeling pretty hopeless about these friendships.

Michael replies:

I think it’s a bad idea to spend time with people who are mean or abusive toward you.

But before you walk away from your friend group, do you think it’s worth talking to them, individually, or as a group? In a serious way, without joking, laughing, or minimizing your pain so as not to make them uncomfortable. 

Their behavior sounds very junior high school, but they are adults. Telling them how their behavior affects you might lead them to confront themselves, but it might not.

You didn’t write anything about what you actually like about these friends. Is it just that they allow you to spend time with them? Or do they have some good qualities? Getting clear about this would help you figure out if you want to push for change here.

I know what you mean about “the standard” in D.C. (and very likely in other locations).  I hear from clients over and over about the hierarchy of attractiveness and success. When people don’t feel they measure up, it is easy to feel less-than, and invisible. 

There are lots of reasons why gay men can be mean to other gay men. (Of course, everyone can be mean, and for all sorts of reasons). One biggie: it’s nice to feel like part of the in-crowd, after growing up feeling like an outcast. But this means establishing a pecking order so that there are others to look down on and exclude. It’s understandable, all too common, and unkind.

It’s also true that the heterosexual world tends to value beauty in women and financial success in men. Gay men hit themselves with a double whammy, glorifying both.

Still, you’re not going to single-handedly change the problematic aspects of gay culture.  You may be able to influence some of your friends, however. That remains to be seen, and would take some courage on your part if you want to tackle that.

It does sound like it’s time for you to make some new friends. This may seem even more scary than speaking up to the friends you have, but it also might give you a sense that you are taking control of your life.   

True, in D.C. (and elsewhere), there are a lot of gay men focused on the attributes you say you lack. But “the scene” is not the only game in town. There also have to be a good number of guys out there who are looking for other qualities that you may possess, and that you may also admire in others. These are the people for you to find and befriend.

I can’t tell you exactly how to go about that. You’re going to have to be creative and try some new things. Activity groups, hobbies that involve other people, sports. You never know whom you might meet, where. Don’t forget that you might enjoy meeting and hanging out with people who aren’t gay, as well.

You didn’t mention anything about looking for love in your life. Maybe that’s not your interest; maybe you don’t feel like adequate partner material (if so, I hope you will work to challenge that belief); or maybe you’re doing just fine in that area. I don’t know.  But if you would like to find a good guy, I hope that widening your field will help.

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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My boyfriend is almost perfect

But the sex isn’t mind blowing

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Sex tends to change after spending many years with the same partner. (Photo by Rawpixel . com / Bigstock)

Dear Michael,

I’ve been dating Mark for three years, living together for two, and I’m not sure he’s for me. We get along great but I’m questioning how attracted I am to him.

I was never crazy about him physically but he was such a sweet and smart guy that I wanted to date him.

Sex was never mind-blowing and the longer we’ve been together the more this is bothering me. I wonder if I could find someone who appeals to me more, physically.

On the plus side, I like him a lot. He has good values, shares my religious faith, which is hard to find in another gay guy, is responsible and has a good work ethic. Also, I just have fun with him and he’s always interested to hear what’s on my mind.  He’s an all-around decent guy.

As I’m writing this, I’m thinking that he seems great and that I’m a fool for even questioning our relationship. But all my friends are always talking about the amazing sex they are having, and then I think I’m missing out on a key part of life because my sex life is comparatively lackluster.

I don’t want to settle. But how likely am I to find another guy who is as all-around a good catch as Mark, but with more sexual chemistry?

Michael replies:

I don’t think the right approach is to wonder about your chances for of finding someone better. Anyone you find will have things you aren’t crazy about.

For example, you might find someone whom you’re wildly attracted to sexually, but they’ll bore you or annoy you, or have values you don’t respect.

I understand that you aren’t wildly sexually attracted to Mark. The truth is that it’s extremely unlikely that you would remain wildly sexually attracted to anyone for that long. People tend to get used to each other over time. Sex can remain great, but more from closeness and love than heat and sizzle.

I work with people all the time who wonder if there is someone “better” out there. And I tell them, they’re never going to get through all the possibilities before they die. Instead, how about thinking if the guy you are with is someone you’d like to go with on this journey through life?

Mark’s attributes that you mention sound wonderful to me. After more than 30 years working with folks on relationships, and being in my own 30+ year relationship, I have learned a thing or two about what creates a relationship that is satisfying and good. A decent, kind guy with admirable values is an excellent start. 

The question is, can you live with your sex life not being on an orgasmically hot mind-blowing level? I hope the answer is yes, because sex with anyone you pick is not likely to stay in that sort of realm for long.

Another point to consider: I don’t think you should get too caught up in what your friends are telling you. They may be having amazing sex, but are they all having it with the same long-term partner? As I mentioned, long-term sex can be great, but the excitement tends to be replaced by caring connection over time.

I’ll generalize here for a moment: Because so many gay men have many sexual partners, the kind of sex you have with someone new, whom you’re tremendously attracted to, tends to be glorified among gay men as the gold standard of sex. But it’s not realistic for sex with a long-term partner.

This glorification is a big problem: It leaves gay men who are not having torrid sex with lots of guys feeling like there is something wrong with the sex they are having, that they are missing out on something super fantastic. Just like you are feeling.

If you want a lifetime of ongoing hot sex, I don’t think you should be looking for a relationship. If you are willing to accept sex being a not-always fantastic, but perhaps consistently loving, often good, and occasionally great part of life with a kind decent guy, then Mark might just be the right partner for you after all. 

(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 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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