Fight for your right--to marry  

In the year after San Francisco Mayor Gavin Newsom directed his administration to issue marriage licenses to same-sex couples, supporters of marriage equality have suffered a number of setbacks. In August 2004, the California Supreme Court invalidated the licenses. In November 2004, eleven other states passed amendments that ban marriage between same-sex couples. In December 2004, conservative groups introduced to the California State legislature a proposed state constitutional amendment banning marriage and any legal relationships similar to marriage for same-sex couples. And, President Bush reaffirmed his support of a constitutional amendment.

Fearing continued backlash, some national LGBT groups have retreated from the fight for equal marriage rights. Not Equality California

"We're not taking a step back, we're moving forward," said Kare Carrington, a volunteer with Equality California. "We are getting out the message that discrimination in any form is wrong. An amendment enshrining discrimination would deface the Constitution."

Newsom remains equally resolute despite criticism that his actions last year helped galvanize social conservatives. In recent days he has criticized President Bush, and New York City Mayor Michael Bloomberg for challenging a court decision that found the state's ban on marriage between same-sex couples unconstitutional. At a Valentine's party to commemorate the one year anniversary of the Winter of Love, the four-week period in which four-thousand gay couples tied the knot, Newsom said, "I have never felt a greater sense of purpose- but beyond anything else, an obligation to finish this job. We will not back up. I have no regrets."

Two days later, members of Equality California from across the state went to their local county clerk's office to request licenses, knowing they would be turned down. In San Francisco, County Clerk Nancy Alfaro said to Carrington and her partner, Joy O'Donnell, "Unfortunately, California law does not allow us to issue a marriage license unless you are an unmarried man and an unmarried woman."

Carrington said to her, "We stand united with San Francisco, and we know this city is not going to give up and neither are we until it's no longer part of your job to discriminate against us."

Moments later Equality California gathered on the steps of City Hall. Jewelle Gomez said as she and her partner Diane Sabin waited in line, strangers offered their support. "Heterosexual couples were getting married, and they were telling us, 'Right on. We give our love.' "

"If they have the sense to see that our wanting to get married does not interfere with their right to marry, why can't the legislators, and the courts, and the justices see that? One group marrying has nothing to do with another group."

Gomez and Sabin, along with eleven other couples and the city and county of San Francisco, filed a lawsuit against the state of California, arguing that the state's one-man, one-woman marriage law is unconstitutional. A superior court judge is expected to rule on the case any day. In addition, Assemblyman Mark Leno has introduced the Religious Freedom and Civil Marriage Protection Act (AB19), which would change the law to allow same-sex couples to marry, but would not require religious institutions to recognize the unions.

"It will protect their right. At the same time, our democracy guarantees liberty and justice for all," said Leno, who appeared at the Equality California event. "There is no constitutional basis for this discrimination, which is exactly why you see this mad rush to amend the Constitution."

Other couples spoke about why marriage was crucial for them. One said he is a foreign citizen and wants to remain in the United States permanently with his partner and their two sons. Another said her partner has multiple sclerosis and she is worried that if her partner ends up in the hospital she may not get visiting privileges or the ability to make health related decisions.

Frank Capley, an elevator mechanic, said his union won't provide health benefits to his partner, Joe Alfano, who is an independent contractor. "Because of federal laws, my union doesn't recognize my domestic partnership. Without domestic marriage I can't provide for my spouse, like other members of unions with basic, dental medical. That leaves us without insurance for Joe. My spouse deserves to have my pension that I work so hard for, to be treated equally."

Alfano said the past year has been bittersweet. "We came down here last year to watch all the couples get married. For the first days we were mesmerized by the love and devotion that all the couples showed. This wonderful couple asked us, 'Why aren't you in line?' We said, 'We don't deserve to get married.' They asked, 'What do you mean?' and we said, 'Oh, well all these other couples have been together for fifteen, twenty-five, thirty-five years. We have only been together for five.'"

"We had been told for so long that we didn't deserve marriage, that we didn't deserve to be treated equally, we began to believe it. We went home and examined it that night, and we came back the next day and we got in line and we got married."

Alfano added, "Our second-class status became very apparent to us again today when we were denied marriage licenses."