California Gay
Couples Readying to say ‘I Do’; November Voter Initiative
Looms over Proceedings
Washington Blade
By Chris Johnson
June 13, 2008
With marriage licenses available for same-sex couples
in California starting Tuesday, California officials are
stepping up their efforts in anticipation of a flood of
gay couples tying the knot in the state.
The California Supreme Court on June 4 refused to issue
a stay in its May ruling allowing same-sex couples to wed,
despite a request to stay the implementation until
November from the conservative Alliance Defense Fund, a
Christian legal organization based in Arizona.
But one county in a conservative region of the state
has ceased to perform marriage ceremonies altogether.
Kern County will cease to issue marriage licenses for
all couples, gay or straight, starting today. A statement
on the web site for Kern County Clerk Ann Barnett states
that the county does not have the staff or space to handle
the expected increase in wedding ceremonies.
“Because of the long-term administrative plans,
budgetary reasons and the need to increase security for
elections, the Clerk’s office will cease solemnizing
weddings, which is discretionary on the part of the County
Clerk,” the web site states. Barnett did not return calls
seeking comment.
But a Monday article in the Bakersfield Californian
suggests that Barnett issued the order because of
religious objections. In an e-mail to the Alliance Defense
Fund, Assistant County Clerk Glenn Spencer asks the firm
whether it will defend Barnett if Kern County stopped
performing ceremonies.
“Will Alliance Defense Fund defend the County Clerk if
she ceases performing all marriage ceremonies as of 5:00
p.m. on June 16th?” Spencer wrote. “We have the news media
calling for her response and we need to issue a news
release today, but she really wants to be assured of your
legal assistance before she speaks to them, as we fully
expect to be sued and our own counsel is not being of
help.”
Barnett has a history of opposing same-sex marriage. At
her request, a brief was filed with the California Supreme
Court opposing the implementation of the justices’ ruling
on marriage, according to the Bakersfield Californian.
Further, after the ruling was made, Barnett tried to
resign her position as clerk while keeping her other
duties as auditor-controller and elections boss
Brian Raum, senior attorney for Alliance, confirmed to
the Blade that Kern County sought the organization’s help.
He called the e-mail a “routine request for legal advice.”
“The real concern is what appears to be an intentional
act of distributing confidential and privileged
communications,” he said.
Raum said Alliance will defend any county clerk that
decides to cease performing wedding ceremonies. Alliance
also sued to stop New York from recognizing same-sex
marriages performed elsewhere. Gay marriage is illegal in
New York but Gov. David Paterson (D) told state agencies
last month that they had to recognize same-sex marriages
performed elsewhere.
Calif. cities gear up for marriage
While Kern County is getting out of the business of
officiating weddings, most California officials are
bracing for a frenzy of marriage license applications.
A report published Monday by the Williams Institute at
the University of California in Los Angeles projects that
about 51,320 same-sex couples will marry in California
within the next three years.
Brad Sears and M.V. Lee Badgett, who wrote the report,
expect that the availability of same-sex marriage in
California will be a tremendous economic boon to the
state. The authors estimate that allowing gay couples to
wed “could result in approximately $683.6 million in
additional spending on weddings and tourism in the state
over the next three years.”
Same-sex marriage will create about 2,178 new jobs for
California and put about $63.8 million in the coffers of
the state and local governments, the report states.
Dean Logan, clerk for Los Angeles County, said his
office has undergone a number of expansions to prepare for
the expected increase in couples applying for marriage
licenses.
“Basically, what we’re trying to do is just increase
capacity and gear up for what we expect to be an initial
high-volume interest,” he said.
Los Angeles City Hall will have extended hours when
same-sex marriage licenses first become available, Logan
said. The building will be open all day on June 21, a
Saturday, when City Hall is normally closed. An additional
center that will issue licenses and perform ceremonies
will also be set up in West Hollywood, a gay neighborhood.
Logan said his office is “gearing up for thousands, as
opposed to hundreds” of same-sex marriages in the first
weeks they are available.
The San Diego Union-Tribune reported that about 250 gay
couples have made appointments in San Diego County to
obtain marriage licenses in June. More than 50 have been
scheduled for Tuesday, the first day same-sex weddings are
legal.
Ken Yeager, a member of the Santa Clara County Board of
Supervisors, also said his office has been busy making
changes, mostly geared toward ensuring that gay couples
feel comfortable when they come to County Government
Center in San Jose to apply for a marriage license.
“We’re looking at things through ‘gay eyes’ to make
sure that again there’s nothing that happens that’s
embarrassing or awkward for anybody,” he said.
The marriage applications throughout California have
been changed so that they no longer say “Bride” and
“Groom” and say instead “Party A” and “Party B.”
Yeager, the first openly gay elected official for Santa
Clara County, became certified as a marriage commissioner
June 2 to officiate over some of the first same-sex
weddings in California.
“A lot of gay and lesbian couples prefer to have
somebody that they know officiate and many of them know me
and so they’ve all asked me if I would do it,” he said.
Yeager said applying for a marriage license is a simple
process. A couple needs to fill out forms, pay a fee and
then participate in the ceremony, he said. A blood test,
previously a condition for obtaining a marriage license,
will be unnecessary because the requirement was eliminated
in 1995.
“From the moment you get to the front window and begin
to fill out the form, if you don’t already have the form
filled out, it takes 20 minutes,” he said.
Plaintiff couples plan ceremonies
The couples that brought the suit to the California
Supreme Court enabling same-sex marriage in the state are
also busy with wedding plans.
Stuart Gaffney, project director for the Center for
AIDS Prevention Studies at University of California in San
Francisco, and his partner of 21 years, John Lewis, an
attorney, are wasting no time in getting married. They
have plans to apply for a marriage license at San
Francisco City Hall at 8:15 a.m. Tuesday Their ceremony is
slated to begin at 9 a.m.
Only six people are allowed in San Francisco City Hall
for each wedding ceremony, so while the actual ceremony
will involve only a few people close to Gaffney and Lewis,
they expect 60 at a reception to follow.
Gaffney said planning for the wedding has been an
emotional time for him and his family.
“Our hope and our dream is just to get married as soon
as possible and be part of really a wonderful historic
moment all across California,” he said.
Gaffney and Lewis were among the approximately 4,000
couples that, in 2004, married in San Francisco, which,
under the guidance of Mayor Gavin Newsom, briefly issued
marriage licenses to same-sex couples. But in August of
that year, the California Supreme Court ruled that Newsom
had overstepped his authority and voided those licenses.
While Gaffney and Lewis are getting married in June,
other couples that were plaintiffs in the marriage lawsuit
are willing to put off their nuptials until the fall to
have more time for planning.
Jewelle Gomez, a writer and director of grants for the
Horizons Foundation, and her partner Diane Sabin,
executive director for the Lesbian Health Research Center,
are planning to get married at the San Francisco Public
Library this fall and will possibly hold the ceremony on
Halloween.
“We’re not going to rush out — we’ve only been engaged
for 15 years,” she said.
Gomez said she and her partner want to marry before
California residents vote this November on a state
constitutional amendment constitutional banning same-sex
marriage.
Andrea Gillespie, a prominent lesbian activist and
friend to Gomez and Sabin, will be deputized as marriage
commissioner to perform the ceremony, Gomez said.
The wedding will be “non-traditional” because the
couple wants the ceremony to be political and encourage
people “to think about what this is in terms of human
rights,” she said. The wedding will also be focused on
“community building” because “unions are about building
community and about how communities come together to
support each other,” Gomez said.
In their vows, the couple intends to talk about sex to
dispel the myth that lesbians in long-term relationships,
“particularly middle-aged lesbians,” don’t have sex, Gomez
said.
Another plaintiff couple — Jeanne Rizzo, executive
director of the Breast Cancer Foundation, and her partner
of 19 years, Pali Cooper, a chiropractor — are planning an
August wedding.
Rizzo said she and her partner put off the ceremony
because Cooper’s father died unexpectedly the Friday after
the Supreme Court issued its ruling.
“So we won’t be getting married in the first wave,”
Rizzo said. “We’ll be allowing some family grieving time
and then we’ll celebrate at the end of this summer.”
The couple intends to tie the knot at San Francisco
City Hall with Newsom officiating the ceremony. The two
will wear Hawaiian leis while exchanging vows in honor of
the first time they held a commitment ceremony in Hawaii.
The couple will also rededicate the diamond and sapphire
rings they exchanged 18 years ago.
“We’ll polish them up and it’ll be really nice to have
them be our true wedding bands,” Rizzo said.
Gay groups caution against filing lawsuits
But while gay couples are making plans to tie the knot
in California, a coalition comprised of high-profile gay
advocacy groups is advising couples against taking their
ambition to marry too far to the point of starting
lawsuits throughout the country.
California, unlike Massachusetts, has no residency
requirement for marriage, so gay couples from across the
country are able to marry in the state. Couples from
out-of-state could marry in California, then sue to have
their marriage recognized in their states of residence.
The coalition, which released its guidance this week,
urges couples against any attempt to “go suing right
away.”
“Most lawsuits will likely set us all back,” the
guidance states. “Pushing the federal government before we
have a critical mass of states recognizing same-sex
relationships or suing in states where the courts aren’t
ready is likely to get us bad rulings.”
The coalition includes the American Civil Liberties
Union, Lambda Legal, the National Center for Lesbian
Rights, the Equality Federation, Freedom to Marry, Gay and
Lesbian Alliance against Defamation, Human Rights
Campaign, the National Gay and Lesbian Task Force and the
Gay and Lesbian Advocates and Defenders.
The guidance states that the best way to advance
same-sex marriage throughout the country is to proceed
through the state courts and the state legislatures.
“When we’ve won in a critical mass of states, we can
turn to Congress and the federal courts,” the guidance
states. “At that point, we’ll ask that the U.S. government
to treat all marriages equally.”
Efforts in making the marriage of gay couples “a
conspicuous part of American society” will enable the gay
community to win equal treatment, the guidance states.
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