We're Trying!

Catching up again on the states we missed. We saw this license plate outside of a FedEx Kinko’s in Woodbridge, VA. The guy who helped us there was family. Not sure if this was his car, or what the intention behind it was, but as we were on our way to the National Equality March, it seemed like a great omen.

We’re now in Pennsylvania, where we’ve made it out of the trailer and are soaking up the home lovin’ at my cousin’s place. The coffee is good here, and we get to do our laundry without quarters and not worry about whether the fridge is popping open on the road. And oh, yeah, unlike at the Prince William Forest Travel Trailer Village, the Internet works here. It’s pretty good living.

Maryland

• Maryland law states, “Only a marriage between a man and a woman is valid in this state.” In 2006, a trial court ruled in Deane & Polyak v. Conaway that the law was a violation of the state constitution. On appeal in 2007, the verdict was overturned. On July 1, 2008, a domestic partnership law went into effect in Maryland. By affidavit, signed by a notary, Maryland residents may declare themselves domestic partners. (Equality Maryland has one you can print out here.) Two other forms of proof are also required. This entitles couples to 11 protections, including hospital visitation, sharing of nursing home rooms, funeral planning rights, and state property tax exemptions similar to those allowed spouses and children.
• Domestic partners may make medical decisions on behalf of an incapacitated partner, and may visit a partner in the hospital.
• Any adult in Maryland may adopt, and Maryland law prohibits adoption agencies from denying applications based on sexual orientation. There is no prohibition against same-sex couples jointly adopting or adopting each other’s children, but no cases have been tried to test this.
• After sex reassignment surgery, a Maryland resident may amend his or her birth certificate. A case tried in 2003 upheld the right of the courts to declare sex change.
• Both gender identity and sexual orientation are covered under Maryland’s hate crimes laws.
• The law in Maryland protects residents against discrimination on the basis of sexual orientation, but not gender identity.
• There are reporting laws in the schools for gender identity and sexual orientation harassment and intimidation. Maryland law also states that students have the right to a safe school environment regardless of sexual orientation. These are the limits of current safe schools laws in the state. [via HRC]

Virginia

• At the National Equality March, Ami and I met a woman wearing a wedding dress. She told us, with a sneer, “My wife and I moved to Virginia, and she went back to being my roommate.” In 2006 a ballot measure adding a ban on same-sex marriage and civil unions to the Virginia State Constitution, 57.1% to 42.9%. [via Ballotopedia] The Constitution says, “That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.” Harsh, Virginia.
• Any adult in Virginia may adopt. There is no prohibition against same-sex couples jointly adopting or adopting each other’s children, but no cases have been tried to test this.
• Adults in Virginia may designate another person to make medical decisions on his or her behalf. This must be in the form of a written advance directive witnessed by two others, or orally in the presence of a doctor and two witnesses. Virginia law states that hospitals must allow anyone to visit a patient, even same-sex partners.
• Virginia will issue a new birth certificate upon presentation of “acceptable evidence” of sex reassignment, including a physician’s affidavit.
• There are no laws specifying increased penalty for hate crimes against people on the basis of sexual orientation or gender identity.
• There are no protections in Virginia against discrimination based on gender identity or sexual orientation.
• There are no safe schools laws in Virginia. [via HRC unless otherwise noted]

Delaware

• Delaware law states, “A marriage is prohibited and void … between persons of the same gender. … A marriage obtained or recognized outside the state between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the state.”
• In Delaware, a same-sex partner may make medical decisions on behalf of an incapacitated partner if nobody else the law designates, such as a parent, adult child, etc., is available–as “an adult who has exhibited special care and concern for the patient.” A person may also name a same-sex partner in an advance health care directive. It must be in writing, signed, dated, and witnessed by two or more people.
• In Delaware any adult may adopt. There is no prohibition against same-sex couples adopting, but no case has been heard in the state to affirm or deny this right. There have been cases in which same-sex couples were allowed to adopt each other’s children.
• After sex reassignment surgery and a name change, a Delaware birth certificate may be amended and reissued. A court order must verify the surgery and name change.
• Hate crimes laws in Delaware addresses sexual orientation, but not gender identity.
• Non-discrimination law in Delaware does not address gender identity. However, a 2009 executive order issued by Governor Markell prohibits discrimination in employment for executive branch state employees on the basis of gender identity or expression. Delaware law prohibits discrimination based on sexual identity.
• Delaware safe schools laws protect the physical welfare of students generally, but does not mention sexual orientation or gender identity. [via HRC]

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