Caution Advised on
Gay Marriage
The Seattle Times
By The New York Times and The Associated Press
June 15, 2008
SAN FRANCISCO — California is gearing up for the "new
summer of love": the legalization of same-sex marriage
beginning Monday at 5:01 p.m.
Unlike the Massachusetts law, California's new law does
not limit marriages to residents of the state, and many
out-of-state couples are expected.
But after wedding-day celebrations subside, gay and
lesbian couples from other states face sobering
challenges.
Many will return home to states that explicitly reject
same-sex unions. Major gay-rights groups are urging them
not to rush into lawsuits demanding that their marriages
be recognized. Lawyers warn they may have difficulty
divorcing if things go awry.
"This is a very serious undertaking," said Richard
Williams, a Chicago lawyer who has been helping local
same-sex couples weigh their options.
"It may not be accepted here in Illinois, but it is
legal, it is real," Williams said. "If you go to
California and get married, there are potential problems
and pitfalls that you have to think about."
Likely areas of contention could include inheritance,
medical decision-making, health and pension benefits, and
child custody.
A study by the Williams Institute at the University of
California, Los Angeles, School of Law predicted last week
that half of California's more than 100,000 same-sex
couples would marry in the next three years, as will an
additional 68,000 from out of state.
Among them are Jeffrey Dreiblatt, 47, a Web designer,
and Willie Walker, 44, a legal assistant, from Brooklyn,
who fell in love 15 years ago. They plan to marry in San
Francisco on Aug. 8.
"When I was younger, I didn't understand the point of
getting married," Dreiblatt said. "But over the years, my
thinking has changed. The law in California and the
implications for New York spoke to us and said, 'now is
the time.' "
Many gays and lesbians are taking a wait-and-see
attitude, said the Rev. Blane Ellsworth, an independent
nondenominational minister in Napa.
There is still the memory of the euphoria, and letdown,
in 2004, when nearly 4,000 same-sex couples stood in line
to marry in San Francisco, only to have the marriages
nullified by the state five months later.
Ellsworth said those he has dealt with "are pretty
smart businesspeople."
"They're saying if they're going to invest in a nice
service and wedding, 'I'm going to wait until it's a sure
thing,' " he said.
Impossible to pass up
But for some it's an opportunity impossible to pass up.
"It's something we did not want to miss," said Inga Sarda-Sorensen,
of New York City, who plans a wedding in Malibu in
mid-September with her partner of 10 years, Jennie Talley.
As New Yorkers, they've already gained some rights as
registered domestic partners since 2004, but they view
marriage as a big advance.
New Yorkers have a big advantage over most other
non-California same-sex couples. New York Gov. David
Paterson has stipulated that state law requires
recognition of legal marriages performed elsewhere,
including same-sex unions.
Most other states have statutes or constitutional
amendments specifying that marriage is between a man and a
woman, and denying recognition to same-sex unions. The
federal government also doesn't recognize such unions.
Worried that their court victory in California could be
offset by defeats elsewhere, a coalition of nine national
gay-rights groups last week issued an appeal to gays and
lesbians considering California marriages.
"Couples who want to should get married ... but one
thing couples shouldn't do is just sue the federal
government or, if they are from other states, go sue their
home state. ...
"Bad rulings will make it much more difficult for us to
win marriage, and will certainly make it take much
longer."
Worried about legal chaos, attorneys general from
several states asked California to postpone the start of
same-sex marriage until after Nov. 4 voting on a state
ballot measure that could ban such unions. The request was
denied.
Debbie Hunt, a Houston lawyer with many gay clients,
worries that same-sex couples from Texas will marry in
California and return home with false assumptions that
they have marital protections in a state that has banned
same-sex unions.
"My job is to educate, let our clients make the
ultimate decision," Hunt said. "But if they ask 'Should we
do it?' my answer is: 'If you don't have to, please
don't.' "
Couple dissuaded
Hunt's advice helped dissuade Regina Cassanova and
Jheri Dupart not to venture to California, though the
partners of more than 10 years had been thrilled by the
ruling there.
"Even though we want the legal protection, maybe this
isn't the right time for us," said Cassanova, 27.
Planning a California wedding — date to be determined
by availability of discount airfare — are Bonnie Aspen,
55, and Willow Williams, 48, of Spokane. They've been
together 29 years, and they registered last year as
domestic partners when Washington adopted that policy.
While the state has not legalized same-sex marriages,
this past week a law went into effect that adds more
rights of marriage to registered domestic partners.
Even if the marriage has no immediate practical effect,
they yearn for it, Aspen said. "We don't expect to come
back and — boom — Washington says you're married," she
said.
"Getting a marriage license is one more step to help
our state and the rest of the country move forward. In
another 20 years this country will be very embarrassed by
what it put some of its people through."
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