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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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Advice

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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Real Estate

With gas prices soaring again, a staycation is a good plan

Home can be your personal retreat and your own private resort

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Retreat to your own deck or backyard for an affordable, stress-free staycation. (Photo by Artazum LLC/Bigstock)

When airfare costs more than your monthly utility bill and a weekend road trip requires a second mortgage just to fill the gas tank, many homeowners are discovering an unexpected luxury: the staycation.

A staycation isn’t settling for less—it’s reaping the benefits of one of the biggest investments you can make: your home. Much more than a place to sleep, it’s your personal retreat, your gathering place and, with a little preparation, your very own private resort.

Whether you own a single-family home, a townhouse, or a condo, creating a memorable staycation starts with appreciating what made you fall in love with your property in the first place.

Start with a home refresh. Think about checking into a beautiful vacation rental. It’s spotless, organized, and inviting. You can recreate that same feeling by spending a day preparing your home before your staycation officially begins.

Clear away clutter, deep clean the bathrooms and kitchen, wash the windows, and put fresh linens on every bed – even if you’re not expecting guests. Fluff the pillows, light a favorite candle, and place fresh flowers on the table. These small touches instantly make your home feel more luxurious.

If your budget allows, hiring a professional cleaning service can be one of the best staycation perquisites you make. After all, vacation should begin the moment you wake up and not after you’ve spent the day scrubbing floors.

Treat your staycation like a real trip. Set away messages on your phone and out of office notices on your email. Skip unnecessary chores for a few days. Giving yourself permission to relax may be the most valuable part of the entire experience.

One of the greatest advantages homeowners have over travelers is private outdoor living space. Whether it’s a spacious backyard, a screened porch, a rooftop terrace, or a cozy condo balcony, these areas can become the centerpiece of your staycation.

Stringing lights and adding comfortable seating, colorful planters, and outdoor rugs can completely transform the atmosphere without spending thousands of dollars. Add a portable fire pit, a tabletop fountain, or a hammock, and suddenly your backyard starts competing with many resorts.

Host an evening cookout, organize a game night, invite neighbors over for dessert, or gather around the fire pit for conversation after sunset. These simple moments often become the memories we treasure most.

Inside, transform your family room into a home theater complete with popcorn and comfortable blankets. Turn your breakfast room into a morning coffee café. Designate a quiet reading corner where phones are prohibited. Create a spa-like bathroom with plush towels, candles, bath salts, and relaxing music.

One of the highlights of traveling is experiencing new food. Instead of dining out every night, create themed dinners inspired by your favorite destinations. Prepare homemade Italian pasta one evening, Caribbean grilled seafood another, or a backyard Texas barbecue over the weekend. For a touch of whimsy, dress the part.

Pair each meal with music and libations from the region and enjoy dinner outdoors whenever possible. Suddenly, your dining room becomes part of the vacation experience instead of just another place to eat.

Families with children can turn a staycation into an adventure by seeing their home through a child’s eyes. Set up a backyard camping experience with a tent, flashlights, and s’mores around the fire pit. Transform the living room into an indoor campground complete with sleeping bags and a movie under a blanket “fort.” Organize a backyard Olympics with relay races, water balloon tosses, scavenger hunts, or miniature golf using household items. 

Encourage children to plan a family picnic in the backyard or on the patio, choose a theme for a movie marathon, or help prepare meals inspired by countries they’d like to visit someday. The goal is to create experiences your children will remember long after summer is over.

Enjoy the amenities you already pay for. Condominium communities and many planned neighborhoods offer amenities that residents often overlook.

Swimming pools, fitness centers, tennis and pickleball courts, walking trails, clubhouses, grilling stations, and community gardens are designed to enhance your lifestyle. During your staycation, make a point of exploring everything your community offers. You may discover you’ve been living beside your own private resort all along.

Real estate professionals often talk about resale value, appreciation, and return on investment. While those things certainly matter, there’s another return that’s harder to measure: the enjoyment you get from living in your home every day.

You don’t need a boarding pass to recharge. You don’t need a hotel reservation to make memories. Sometimes the perfect getaway is the one you already own.


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 at [email protected] or follow her on Facebook at TheRealst8ofAffairs.

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Autos

Hot hatchbacks: Honda Civic, Subaru Impreza

Two fun and functional rides

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Honda Civic

The latest Honda Civic hatchback and Subaru Impreza are two of the segment’s stars. Both offer sensible pricing, excellent utility and enough personality to avoid feeling like appliances.

The Civic is more polished. The Impreza, more rugged. Luckily, neither is trying to be obnoxiously flashy. 

HONDA CIVIC

$28,000

MPG: 30 city/38 highway

0 to 60 mph: 8.9 seconds

Cargo space: 24.5 cu. ft. 

PROS: Fuel efficient. Spacious cargo area. Good resale value.

CONS: No all-wheel drive. Fussy infotainment. Low rear headroom.

WHAT’S NEW: Only minor updates for 2026. The biggest change carries over from last year’s refresh: the addition of the hybrid, which has become a star performer. 

The Honda Civic hatchback won’t scream for attention. It won’t arrive wearing sequins and carrying a smoke machine. It’s more like Nomi Marks from “Sense8”: intelligent, sophisticated and impressively capable.

The styling remains handsome and clean. Long hood. Low roofline. Crisp lines everywhere.Honda resisted the urge to make this vehicle look like a spaceship or an angry robot. That’s refreshing.

Inside, the dashboard is simple and elegant. The honeycomb air-vent treatment remains one of the coolest interior details in the segment. Materials feel expensive. Controls are easy to understand. And visibility is excellent. 

I love how the cargo space is generous, with rear seats that fold flat. A bicycle, several suitcases or enough supplies for an ambitious weekend road trip fit without much hassle.

Then there’s the hybrid. The system produces a healthy amount of power while delivering fuel economy that borders on the absurd. Around town, handling feels smooth, quiet and surprisingly quick. You almost glide through traffic. The standard gasoline engine isn’t bad, but the hybrid is stellar.

The Civic also shines on twisty roads. Steering is precise. Body motions stay controlled. The suspension strikes a sweet balance between comfort and sportiness. 

Biggest weakness? No all-wheel drive. For drivers in snowy climates, that’s not so good. 

Still, the Civic’s stellar combination of efficiency, quality, and driving enjoyment remains incredibly hard to beat.

SUBARU IMPREZA

Subaru Impreza

$27,000

MPG: 27 city/33 highway

0 to 60 mph: 8.5 seconds

Cargo space: 20.4 cubic feet

PROS: All-wheel drive. User-friendly tech. Safety cred.

CONS: No hybrid version. Some road noise. Modest cargo room.

WHAT’S NEW: The Impreza receives relatively minor updates for 2026. Subaru continues refining this hatchback rather than reinventing it.

If the Honda Civic is urbane, the Subaru Impreza is unfussy. There’s a kind of Kristen Stewart energy here. Cool without trying too hard.

The styling isn’t dramatic, but it works. This hauler appears ready to tackle rain, snow, dirt roads or an impromptu weekend escape.

And all-wheel drive comes standard on every Impreza. (Most competitors only offer front-wheel drive or include all-wheel drive as a pricey option.)

The result: Slippery roads simply don’t create much anxiety. The suspension absorbs bumps nicely. Long trips are comfortable. Visibility is great, thanks to relatively thin roof pillars and large windows.

I like how the cabin is functional rather than fancy. Materials don’t quite match the Civic’s upscale vibe, but everything feels sturdy. A large infotainment screen dominates the dashboard and generally works well, though some drivers may prefer more physical buttons.

Cargo space is respectable, and the design makes loading bulky items easy.

Performance depends heavily on trim. The base engine gets the job done, but nobody will confuse it for a sports car. The RS trim’s larger engine provides more power and makes the ride livelier. But even then, acceleration remains merely adequate.

The Impreza’s real appeal lies elsewhere, with a mix that few rivals can match: hatchback practicality, standard all-wheel drive, strong safety scores and reasonable pricing.

Perhaps that’s the key difference between these two hatchbacks. The Honda Civic impresses immediately. The Subaru Impreza grows on you. 

Fortunately, choosing between them is less stressful than deciding who gets the last mimosa at brunch.

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