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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (March 19, 2004)
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DSM Daniel Hernandez and Nevin Cohen filed a historic lawsuit March 5 seeking full marriage for : same-sex couples in New York C A L IF O R N IA suit and the real-life stories of these couples will he California Supreme Court ordered a tem provide the court with compelling justification porary halt March 11 to the issuance of mar finally to correct this long-standing injustice.” riage licenses to same-sex couples in San Francisco. NEW YORK More than 3,700 same-sex couples have been married there since Feb. 12, when Mayor historic lawsuit was filed March 5 in New Gavin Newsom married Del Martin and Phyllis York Supreme Court in Manhattan seeking Lyon, who have been together for more than 50 the right to marry for same-sex couples statewide. years. The court said it would hear a case in May The case, on behalf on a gay couple who or June on the legality of these marriages. have been together for more than five years, “All that happened today is that matters argues that denying marriage to same-sex cou 1 were put on hold. This mling hits the ‘pause’ ples violates the state constitution’s guarantee of button, not the ‘stop’ button,’’ said Jon David equality tor all New Yorkers. The case is the first son of Lambda Legal. “Today is just the begin of its kind to be filed in New York since the ning of our fight on behalf of these married cou Massachusetts Supreme Judicial Court ruled ples and others who have not yet gotten mar that same-sex couples are entitled to full mar ried. This case will ultimately resolve whether riage under that state’s constitution. the California Constitution requires that same- “This is the whole enchilada. We seek, and . sex couples he given the equal right to marry.” intend to win, full marriage for lesbian and gay San Francisco began issuing marriage licenses I couples across New York— nothing more and to same-sex couples last month when Newsom nothing less,” said Kevin Cathcart, Lambda said the state constitution’s guarantees of equality Legal executive director. “The protections only and due process required him to do so. State marriage provides are uniquely important to gay statutes prohibit recognition of marriage between New Yorkers; these couples have waited long same-sex couples, hut those statutes would have enough. Today’s lawsuit is the beginning of the to comply with the constitution to remain valid, end of marriage discrimination in New York." and until now California courts had never been The lawsuit was filed two days after New asked to consider whether they are constitution York’s attorney general said that state laws refer al, Lambda Legal said. The court’s ruling does not ring to “husband” and “wife” should prohibit address any of those substantive issues, nor does it local officials from issuing marriage licenses to address Newsom’s authority as mayor to issue the same-sex couples— hut he added that those laws marriage licenses. Those questions will he argued raise serious constitutional questions because in the next couple of months. they exclude gay men and lesbians. “We’re lucky to both have parents who’ve been •2» happily married for more than 50 years," said plain he National Center for Lesbian Rights, tiffs Daniel Hernandez, 46, and Nevin Cohen, 42. Lambda Legal and the American Civil Lib “When our parents got married, nobody had to ask erties Union filed a lawsuit March 12 seeking why—the reason was obvious. Our reason today is the right to marry for gay men and lesbians on just as simple and as clear as our parents’ was half a behalf of six same-sex couples, Our Family century ago— we love each other.” Coalition and Equality California. Five of the six couples had appointments to NEW JERSEY obtain marriage licenses at San Francisco City A sbury Park began issuing marriage licenses Hall, hut their appointments were canceled as a J T \ to same-sex couples March 8, hut the City result of the California Supreme Court’s order Council voted March 10 to March 11 directing San Francisco to stop issuing stop accepting applications marriage licenses to same-sex couples. The law after New Jersey’s attorney suit argues that denying same-sex couples the general threatened crimi right to marry violates the California Constitu nal prosecution and other tion’s guarantees of equality, liberty and privacy. legal action against officials “This is a historic moment,” said Kate if they continued doing so. Kendell, National Center for Lesbian Rights “The attorney general executive director. “It is long past time for Cali should understand better fornia law to fully embrace and protect the rela than anyone that local offi Michael Adams tionships of lesbian and gay couples. We are cials must abide by the state constitution, which ! confident that the issues presented in our law mandates that everyone be treated equally,” said T A T
