Just out. (Portland, OR) 1983-2013, March 19, 2004, Page 22, Image 22

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    22
news
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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
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