• E-mail
• Print
• Comment
• Font Size
• Digg
• del.icio.us
• Discuss article

Same-Sex Weddings in Calif. Face Tests

Posted on: Monday, 16 June 2008, 21:00 CDT

NEW YORK - After wedding-day celebrations subside, gay and lesbian couples from other states who marry starting this week in California face sobering challenges.

Many will return home to states, such as Arkansas, Mississippi and Tennessee, 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 that 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 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.

Starting today, California will become the second state after Massachusetts to allow same-sex marriages but the first to do so without any residency requirements. No one knows how many out-of- state couples will head there to wed, but for some it's an opportunity that's 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.

"When Jennie would tell co-workers we're domestic partners, people would say 'Oh, that's nice,' but they don't really get what that means," Sarda-Sorensen said. "When she told them she was going to California to get married, it was jubilation and hugs all around."

New Yorkers heading west for weddings 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.

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 - titled "Make Change, Not Lawsuits" - to gays and lesbians considering California marriages.

"Couples who want to should get married, call themselves married, and ask - sometimes demand - that family, friends, neighbors, businesses, employers and the community treat their marriages with respect," the statement said.

"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 or their employer to recognize their marriage or open up the health plan," it added. "Bad rulings will make it much more difficult for us to win marriage, and will certainly make it take much longer."

Worried about possible 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.

Shannon Minter, legal director of the National Center for Lesbian Rights, said litigation by newly married same-sex couples "should be an absolute last resort" - reserved only for cases where there is grievous injustice and a realistic chance of prevailing in court.

Minter also noted that same-sex couples marrying in California could find themselves with no efficient way to dissolve the marriage if it breaks down. States that don't recognize same-sex marriages might refuse to grant a divorce, and California has a residency requirement for divorces.

--------------------

One couple's story

Lawyer's advice dissuades them

Debbie Hunt, a Houston lawyer with many gay clients, worries that same-sex couples from Texas will marry in California, then return home with false assumptions that they have marital protections in a state that in fact has banned same-sex unions.

Details

"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.'"

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 historic court ruling there.

"Even though we want the legal protection, maybe this isn't the right time for us," said Cassanova, 27. "Living in Texas, we could lose rights if we married in another state."

The couple hopes Texas will change its policy, but they're prepared to move elsewhere if necessary when they're ready to have children, Cassanova said.

Source: Commercial Appeal, The

More News in this Category