Erie same-sex couples consider Calif. marriages Erie Times-News By EMILY BABAY
July 29, 2008
For couples like Kirsten Rispin and her girlfriend, the path to
marriage is filled with legal and logistical obstacles.
The Erie women might take advantage of the California Supreme Court ruling in
May that made same-sex marriage legal.
Some couples in the Erie region are contemplating cross-country trips. Others
question the value of doing so.
There is no residency requirement to marry in California, but marriages of
same-sex couples there have no legal standing in Pennsylvania.
Rispin and her girlfriend, Rebekah -- who asked to be identified only by this
name due to fear of retaliation at work -- said the situation gives them few
options. "It's so frustrating to have to go to another state," said Rispin, 23.
If Rispin and Rebekah go to California, they will be among the about 68,000
out-of-state same-sex couples expected to marry there in the next three years,
according to a June report by the University of California-Los Angeles' Williams
Institute, which studies sexual-orientation law and policy.
Reasons for marriage, local couples say, include affirming their devotion,
obtaining legal and financial benefits, and having others consider the
relationship more valid.
No clear path
Rispin and Rebekah, both in their mid-20s, are putting their wedding on hold for
about two years so they can finish school. They are also taking a wait-and-see
approach to the law.
In November, Californians will vote on a ballot initiative to amend the state
constitution to ban same-sex marriage, which 27 states have done. The
Pennsylvania Senate tabled such an amendment in May.
Deborah Hamilton, spokeswoman for Pennsylvania for Marriage -- a group that
opposes same-sex unions -- said her organization would push for the amendment to
pass. While "people will be flocking" to marry in California, Hamilton said, her
group is "trying to protect marriage the way it always has been" here.
Pennsylvania law defines marriage as between a man and woman. As in
California, a court could rule that the Pennsylvania law is unconstitutional and
allow same-sex marriages. A constitutional amendment prohibiting same-sex unions
would prevent that from happening. Hamilton said she believes the Pennsylvania
amendment will pass. But as same-sex couples return to Pennsylvania after
marrying elsewhere, the state's law is "vulnerable" to being overturned, she
said.
Rispin and Rebekah said the two-year wait also allows them to plan a ceremony
with family and friends, and save money.
The ceremony, they said, gives them something to look forward to and would
help others recognize their relationship.
"We would be two women who made a commitment to each other that deserves
respect," Rispin said.
Dedication and devotion
Jim Benson wants that commitment now. The Conneaut, Ohio, resident will travel
to Garden Grove, Calif., to marry his partner of about 10 years later this
summer.
Benson, 45, spent seven years there with his partner, Todd Sisunik, before
returning to Ohio about three years ago to care for his parents. He and Sisunik
want to marry before November in hopes that even if the California constitution
is amended, their marriage will remain valid.
Marriage, Benson said, would let the couple "have on paper what we've already
come to realize -- we intend to be with each other and care for each other the
rest of our lives." The title "married" is often important to couples affirming
their commitment, said the Rev. Steve Aschmann of the Unitarian Universalist
Congregation of Erie, which performs commitment ceremonies for same-sex couples.
About 20 percent of its 125-member congregation is gay or lesbian, he said.
Aschmann said nearly all of the couples who have ceremonies at the church
call it a marriage.
There are nearly 30,000 same-sex couples in Pennsylvania, with about 360
residing in Erie County, according to a December 2007 Williams Institute report
based data from the U.S. Census Bureau.
Not far enough
For some couples, a lack of federal rights means a California wedding isn't
worth the trip.
Erie residents Laurie Finch and Janice Hanusik established a civil union in
Vermont in 2001. But they do not have the federal rights of heterosexual married
couples, such as the advantage of filing joint tax returns.
Finch, 54, and Hanusik, 51, said they are unlikely to take more steps unless
their marriage would be legal in Pennsylvania or on the federal level.
"We already cemented our relationship," Finch said. The complex legal
situation does not end with marriage. If their relationship goes awry, same-sex
couples can find it a challenge to legally separate.
Pennsylvania law does not recognize same-sex marriage, so a couple could not
file for divorce here. But to divorce in California, one partner must have lived
in the state for six months before the divorce.
One thing is clear: Even for committed couples, there is little consensus on
where things stand.
Hanusik calls Finch her wife.
Finch, saying she recognizes they are not technically married, calls Hanusik
her partner.
Where Same-Sex Couples Can Marry
California: Permits marriage for all couples.
Massachusetts: Permits marriage for in-state couples only. State House
of Representatives is considering a bill that would allow out-of-state
same-sex couples to marry; the state Senate passed the measure July 15.
New York, Massachusetts: Honor California marriages
