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California Wedding Bells Part 2
May 16, 2008 - 1:58pm — Diana Cage
On February 12, 2004, Del Martin and Phyllis Lyon, long-time lesbian activists and founders of The Daughters of Bilitis, celebrated 50 years of togetherness by marrying in San Francisco City Hall. They were the first lesbian couple to legally wed in the United States.
Del Martin and Phyllis Lyon circa 1955
Del Martin and Phyllis Lyon circa 1955
Mayor Gavin Newsom and a slew of gay rights activists witnessed the ceremony. NCLR executive director Kate Kendell’s tears were recorded for all time; her picture in the news was as moving for me as Martin and Lyon’s kiss.
You have to hand it to Gavin Newsom. He’d been mayor all of 36 days when he directed the City-County Clerk to issue marriage licenses to same-sex couples in San Francisco. When the news broke, my boss called her long-time girlfriend in frenzy. They had married the year before, but not legally. The two ran as fast as they could to City Hall and, after six hours in line, their marriage was finally recognized by the state.
Newsom, claiming California’s Equal Protection Clause, made same-sex marriage legal and issued 4,000 marriage licenses between February 12 and March 11 when the California Supreme Court stepped in and shut down the party, stating that Newsom had overstepped his authority.
Several lawsuits challenging the marriage ban were filed immediately. The NCLR, Lambda Legal, ACLU, Heller Ehrman LLP and the Law Office of David C. Codell represented the plaintiffs. The City and County of San Francisco filed its own challenge to the marriage laws, represented by the office of City Attorney Dennis Herrera. All cases were consolidated into one appeal, In re Marriage Cases.
Those 4,000 marriages, including my boss’s and the marriage of Martin and Lyon, sat in legal purgatory for six months until the California Supreme Court voided them on August 12, 2004.
The San Francisco Mayor made a beautiful, bold move when he took that gonzo approach to gay marriage. Newsom’s actions brought national attention to the issue and set off a chain of events ultimately leading to the California Supreme Court decision that went down yesterday.
Those 30 days of San Francisco wedding bliss remain permanently burned into my consciousness. My girlfriend and I were a trainwreck, certainly not fit to wed, and probably not fit to be girlfriends, but every night we walked down to City Hall hand-in-hand to visit the happy couples camping out hoping to marry in the morning. The gays were desperate not to miss their opportunity knowing the man could step in at any moment. City Hall was a fabulous, emotional tail-gate party for the entire cold, rainy month of February.
So what happens now? Well, it’s way too soon to celebrate. California rules of procedure prevent the decision from going into effect for 30 days. And the decision risks being overturned by icky religious groups. Right-wing idiots are petitioning to add an initiative to the ballot to ban marriage with a Constitutional Amendment. Schwarzenegger has stated that he would not support such a ballot, but it looks as if the voters will get the final say. Twenty states have approved amendments like this.
Gay marriage was a wedge issue in the 2004 election, but has been largely ignored over the course of the primaries. This decision may revive it and I worry how that will play out. McCain has specifically said that marriage is “between a man and a woman,” and while Obama and Clinton support civil unions, yesterday both camps restated their position that marriage should be reserved for hets.
As far as as effecting the election Advocate news editor Kerry Eleveld points to a quote from Matt Dowd, chief political strategist in 2004. Dowd said to the New York Times, "At best, (the decision) doesn't move voters, and at worst for Republicans, it moves them against them. Not so much on the issue, but it becomes, 'Why are we having a discussion on this issue when we should talking about things that matter, like the economy, or health care, or the war?'"
I have no clue where Republicans will go with this but according to Eleveld the same argument was used to defeat the second attempt at passing the Federal Marriage Amendment in 2006.
I confess I'm not particularly interested in being married. I've been proposed to twice, had two subsequent breakups, and ENDA is far more pressing in my mind. But I get as caught up in the beauty of romance and the celebration of commitment as much as anyone. If the California decision stands, other states may follow suit. Legalizing marriage is one lovely way to create visibility, ultimately helping us gain ground in the fight for other basic rights.
According to Eleveld, "young voters, who are turning out in droves for Democrats in the primaries, poll very favorably on the issue of same-sex marriage. If Republicans focus all their energy on gay marriage to the exclusion of other matters, they will help solidify a new generation of Democratic voters." She makes a good point. The large number of young voters energized by a desire to create real change will hopefully keep queer rights from being the divisive issue it has been in the past.
A sobering look at marriage rights by state can be found here.
In the meantime, it's not just Ellen and Portia who plan to marry once the new law comes into effect. We've been hearing from a number of Californians here on OC who are popping the question this week or who've already been engaged and soon will make it official. If you're among them, send your photos to editors@ourchart.com and we'll include them in a celebratory slideshow here on OurChart in the coming weeks.
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34 Comments
Thats such a great picture
Of the two women crying...Its beautiful.
As for civil unions - as we all know, that is such a cop out and Obama and Hillary should be ashamed of taking such a fence-sitting view.
But we are making progress. And we are taking big steps. And one day we'll be saying the gay marriage equivalent of "did you know women only got the vote in 19xx?".
So go California! I'm holding thumbs for you.
"I stopped practising homosexuality years ago when I became really good at it."
California Love
Living in the politically gay-unfriendly red state of Florida-California has begun to renew my faith. It also re-emphasizes my disappointment that both potential Democratic presidential candidates lack the balls to come out and support same-sex marriage. I realize with such a divisive issue it might not be in Barak's or Hil's best interest to come out on our side-but its time that someone beside Dennis Kucinich did! Here's hoping that the remaining 48 states follow Cali's lead:)
right on...
that "statement" Hill released was basically adding insult to injury...
as the recipient of Mayor Gavin "Gay Marriage" Newsom's shining endorsement, she could have at least reiterated that marriage *should* be left to the states (ahem)--without uttering the "CU" words.
but goes to show, when it comes to politicians--by default, it's a matter of choosing the lesser evil.
couldn't agree more...
i'm a big obama supporter, but what started out as a sweeping feeling of 'yes, we can.' has turned (imo) into 'sure, we'll try it (or not) depending on the latest public opinion polls.' in the same way that obama has come out and publicly denounced the reverend of his former church, and officially left that congregation after all the public scrutiny of the reverend's actions/words, it seems to me that the issue of gay marriage is sitting in the same situation. he's all for civil unions now, but what happens when some right-wing nut group publishes some new opinion poll that civil unions are unwholesome? will his mind change to keep up with the trend? and i'm pissed at both hillary and barack for not having the balls to take a stand on the issue. it's just choosing the lesser evil. not which one do i support more, but which one will do the least amount of damage to my life and livelihood?
I think it is beyond
I think it is beyond wonderful that Del and Phyllis are able to marry, but I have to say, though I have googled the origin of the name Bilitis, I have never in my life heard it without thinking it sounds like a gastrointestinal disorder. I wish they had called it Daughters of Sappho, which would make it clear that it means we are lesbians, and not a group of women with tummy problems.
Del and Phyllis are the ones that IMO truly represent us, ..lasting love and commitment to each other, and working in every way for the rest of us, even against all odds. Ellen and Portia don't, also imo, represent any of that.
The Del/Phyllis Photo
An aside, the photo caption could be confusing, Phyllis is on the left, Del is on the right.
Lezbeth
Law in Process
I think it's easy to look at every waypoint as an end to this...issuing marriage licenses, shutting that down, this current decision, then, oh-no, there might be a constitutional amendment, etc.
It's important to put all of this into historical perspective and accept that we don't know the end of the story. In my activism years (1970s, early 80s), we didn't imagine there'd be anything like marriage available for same sex couples. The Personal Privacy Commission (California) of the late 70s was attempting to establish a foundation to simply grant civil legal status to same sex couples (or other family configurations) to allow tax-sheltered inheritance, adoption insurance benefits and hospital visitation. The idea of domestic partnerships and civil unions was a lofty goal. We've come a long way and with 48 other states in the story as well as a federal government that doesn't require interstate recognition of gay/lesbian marriage, there's more to do.
As far as the constitutional amendment, it takes 2/3 of the vote to pass that. If it were to pass, I would think the federal constitution would be the final authority on the issue of equal protection. In the US, the court system was established to protect the minority from the discriminatory and misguided laws that impose different sets of rules. That's the reason interracial couples who didn't have the right to marry now do. No matter what the wins or setbacks might be on a state-by-state basis, there's another chapter to this story.
Lezbeth
It's my understanding that
It's my understanding that it only takes a majority in California to amend the Constitution. An amendment to the Federal Constitution requires 2/3rds of the States.
Yet, I can't imagine the CA Supremes would uphold an amendment of this sort to the CA Constitution as it seems to directly conflict with the fact that sex orientation is a protected class. How can the CA Constitution protect individuals from being discriminated against based on their sexual orientation, but allow a fundamental right such as marriage to be taken away from us.
Yes, it will be a battle, but I have faith the CA Supremes will find the amendment to be unconstitutional.
Oops
I did some research and you're right, it's only a simple majority to pass a constitutional amendment in Calif. Given that, I could also be wrong on this, but I believe the California law protecting people from discrimination on the basis of sexual orientation simply addresses employment and is probably in state statute rather than in the constitution.
Lezbeth
It's in the CA
It's in the CA Constitution....thank God !!!
California is awesome
If only other states could follow suit. 41 (Including Tennessee, where I grew up) have constitutional bans on same-sex marriage. And there are other gay rights being challenged every day. One county in Tennessee is pushing to ban the mention of homosexuality in sex ed in schools. Another is looking to take away same-sex adoption rights. Even here in France (where I live now) same-sex marriage isn't legal (although civil unions have been allowed since the eighties). Maybe someday we'll be able to look back on all this and say, "remember what it was like when we were treated like second-class citizens?" and all this mess will feel like a distant nightmare.
If you deny any affinity with another person or kind of person, if you declare them to be wholly different from yourself, you have, in fact, alienated yourself...~Le Guin
Hopefully, they'll leverage the show...
as a catalyst for change in the remaining 48 states. Can see it now...
You are cordially invited to the WEDDING OF THE MILLENNIUM:
THE MARRIAGE OF BETTE & TINA
SERIES FINALE, "L Word" '09
Love it!
:)
thanks :)
Hopefully, we'll get to see it come to pass...
Gavin Newsom for Governor !!!!
A friend of mine who is deeply involved in many California Unions told me that there is going to be push to have Gavin run for Governor possibly at the next election.
I urge all of you to jump on Gavin's bandwagon. I attended the press conference on the 15th in San Francisco and to see and hear Gavin speak gives me hope he is the one to bring all of us equal rights. If fact, I can see a Gavin Newsom bid for President down the line. He could be instrumental in getting the US Constitution amended to include sexual orientation as a protected class, which in turn will mandate legalization of same sex marriages for every state in this country.
GAVIN FOR GOVERNOR !!!!
GAVIN FOR PRESIDENT !!!
I might be wrong
but now we got 2 states that allow gay marriages. now will we all be alive to see the rest of the 48 accept it soon.
And for the record. I think
And for the record. I think Ellen was blessed to have had numerous gorgeous girlfriends, over the years.
rovermom :)
Life is a 3D puzzle and everyone has a piece!
NEW! OurChart Photo Assignment and My Blog
Ha! Ha!
You aren't kidding! Must be her great dancing skills. :)
Whooohooooo!!!!!!
AIN'T LOVE GRAND!!!!!
Liberty and Justice together at last.......my they are a stunning couple.....and congrats to Ellen and Portia....
I will not be far behind.....
Peace
Tesser
Life is not a journey to the grave with the intention of arriving safely in a pretty and well-preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and proudly proclaiming, 'Wow! What a ride!!! Next!!!!!
Well said Tesser!!!
I'm just sayin'.....
Thanks Diana, and it would
Thanks Diana, and it would be awesome to see those wedding pictures! I'm all for it.
I don't live in Cali - but have back in the 80's, and still consider it home - I'm excited about this ruling.
I dedicate this to all OC'ers in Cali...
http://www.youtube.com/watch?v=Gpnqn2l_IF8
Play it loud and play it proud!
City Hall - Vienna Teng
me and my baby on a February holiday
'cause we got the news
yeah, we got the news
500 miles and we're gonna make it all the way
we've got nothing to lose
we've got nothing to lose
it's been 10 years waiting
but it's better late than the never
we've been told before
we can't wait one minute more
oh, me and my baby driving down
to a hilly seaside town in the rainfall
oh, me and my baby stand in line
you've never seen a sight so fine
as the love that's gonna shine
at city hall
me and my baby've been through
a lot of good and bad
learned to kiss the sky
made our momma's cry
I've seen a lot of friends
after giving it all they had
lay down and die
lay down and die
10 years into it
here's our window
at the Vegas drive-thru chapel
it ain't too much
for 'em all to handle
oh, me and my baby driving down
to a hilly seaside town in the rainfall
oh, me and my baby stand in line
you've never seen a sight so fine
as the love that's gonna shine
at city hall
outside, they're handing out
donuts and pizza pies
for the folks in pairs in the folding chairs
my baby's lookin' so damned pretty
with those anxious eyes
rain-speckled hair
and my ring to wear
10 years waiting for this moment of fate
when we say the words and sign our names
if they take it away again someday
this beautiful thing won't change
oh, me and my baby driving down
to a hilly seaside town in the rainfall
oh, me and my baby stand in line
you've never seen a sight so fine
as the love that's gonna shine
oh, me and my baby driving down
to a hilly seaside town in the rainfall
oh, me and my baby stand in line
you've never seen a sight so fine
as the love that's gonna shine
at city hall
The Love Is Going To Shine At City Hall!:)
rovermom :)
Life is a 3D puzzle and everyone has a piece!
NEW! OurChart Photo Assignment and My Blog
what a great story
The California Supreme Court decision was welcome news. It is my fervent wish that it "stick" and not be overturned.
It continues to amaze me that a group of people, bonded by religious convictions, are so dedicated in their fight to deny us the right to marry. These people have no reservations in publically stating a divisive and discriminatory agenda. Asking for the same rights and privileges heterosexuals have to be able love and provide for our families seems like a fair and reasonable request. It's not like we are trying to take something away from them. I try to remember that it wasn't that long ago (1960's) interracial couples could be arrested in some States for getting married. America did change and progress was made. Hopefully, that will happen for the GLBT community regarding marriage.
I'm really happy for them,
I'm really happy for them, but on the other hand I don't like the Portia/Ellen couple.
It's good publicity
I think that Portia and Ellen are two lesbians that are in the spotlight and appeal to those in every community. It's nice to see that they will tie the knot and they could be looked up to by all and they deserve our backing.
I am so happy :)
It's great! I am hoping that maybe before I die my state might accept a marriage out of state if nothing else. I live in Mississippi. They will not recognize an out of state marriage. Oh now they will legally marry cousins and all sorts of relatives but God help if a gay couple want to get married. I am happy for everyone in Cali and everyone that travels there to get married. It's been a long wait and there are more states in favor now.
Hell I feel like I can be common law married if everyone else can do it. It takes 7 years and we made 7 living together in March. I don't need a piece of paper to tell me I am married but the benefits are worth it.
These old redneck republicans need to give up cuz we are here and we ain't goin nowhere. lol
My Con Law's a little rusty, but I think a constitutional
amendment requires a supermajority to pass. In other words, alot more than 50% of the people must vote for it. That does make it more challenging for them to succeed. All it takes to get a proposition on the ballot is money -- it used to be about $2 million several years ago, so I'm sure it's gone up by now. The money is to pay signature gatherers to collect enough signature to qualify for the ballot.
The interesting thing from a Con law perspective is HOW another state can refuse to recognize a marriage that is legal in California or Massachusetts. There is something called the Full Faith and Credit Clause which basically requires that the laws of another state will be honored. That's why people don't have to get re-married every time they move to another state.
I haven't read the decision yet, but one of my associates did and he thought George did a very thorough job establishing sexual orientation qualifies for strict scrutiny (the highest level of judicial scrutiny). The governmental interest has to be quite compelling (a clear and present danger) in order for people's rights to be curtailed.
I cannot imagine, in this day and age, that we would have enough voters in this state who would vote into the constitution such a limitation on the freedom of their fellow citizens. Constitutional amendments are actually quite rare (I looked into this more years ago than I want to think) when we were looking into the possibility of pushing for another Equal Rights Amendment. I must concede, however, that the fact so many people are willing to invest precious resources in this battle is disheartening.
If someone's a little fresher on their Con law, it'd be great to hear their thoughts on the potential for a constitutional amendment passing.
Article V of the Constitution
Article V of the Constitution (I've copied and pasted Article V at the end of my comments) speaks to the process for amending the Constitution. The first method involving congressional proposals is the method that has been used for all existing amendments, but it doesn't mean that the state convention method could not be used. It would just be a change from what has been done in the past. Getting a proposed amendment past Congress is a difficult process (those supporting an amendment to ban the burning of the U. S. flag found this out during the late 1980s) but once the proposed amendment is approved by Congress, the states would have to vote to ratify. If 3/4 of the states vote to ratify, the amendment passes. In the past proposed amendments have had a sunset provision written into them which means that 3/4 of the states must ratify the amendment by a certain date or the proposed amendment expires. (The Equal Right Amendment in the 1970s had such a provision and ultimately failed when the required number of states did not ratify it.) As I have told my con law students in the past, the process for amending the Constitution is not an easy one, nor was it meant to be. The writers of the Constitution debated the amendment process and wrote Article V to keep states and citizens from changing the Constitution on a whim.
Do I personally think an amendment banning gay marriage will be proposed? I do. There are enough conservative politicians out there who want to make points with their homophobic constituents for this to happen. This does not mean, however, I think the proposed amendment would complete the process and become law. The difficulty of the process combined with new statistical data that shows that citizens of this country are more accepting of the idea of gay marriage gives me hope that the ratification process will not be successful. Perhaps I am overly optimistic, but in the long run, I don't think the numbers needed will be there.
OCDME does make a point when saying that there are people out there who are willing to waste time and resources on such a proposed amendment. I just believe that there is a majority of citizens out there that understand the fairness of allowing same sex marriage.
Article V: Amendment Process
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Awwwh.
Things like that make me all giddy.
www.fonfreaka.blogspot.com
Awwww...
They are sooooo adorable - what a lovely story!!
The slide-show is a great idea! It will help put faces to names...Because I regularly watch Ellen and have seen her and Portia in the public eye so much, there's a bit more of a personal connection there.
******
"Change is created by those whose imaginations are bigger than their circumstances." Unknown
I heard on NPR
McCain while against gay marriage in his own state, is opposed to a Federal amendment. For better or worse pundits say He won't necessarily use it as the dividing wedge in the election.
but its happened before, we shall see.
"Marriage is a great institution,
but I'm not ready for an institution." ~ Mae West.
I'm with Mae on this one, but for those of you hankering to be institutionalized, I'll fight the ballot measure on your behalf.
Your friend,
Rusty
+ + + + + + + +
"Marriage is like a violin. After the music is over, you still have the strings." ~ Anonymous
Will we ever get a victory
Will we ever get a victory without holding our breath and fear of it getting taken away?
--==--==--
I've Woken Now To Find Myself In The Shadows Of All I Have Created
Ballot intiative
From SFgate.com http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/16/BAGAVNC5K.DT...
"conservative religious groups have submitted more than 1.1 million signatures on petitions for an initiative that would enshrine the ban on same-sex marriage as a state constitutional amendment. That ban was first put in place as a law by the Legislature in 1977 and was reaffirmed by voters in 2000 as a ballot initiative. The constitutional amendment will qualify for the November ballot if officials determine that at least 694,354 of the signatures are valid, a decision due by mid-June."
My favorite photo of Del and Phyllis' Wedding
http://www.sfgate.com/cgi-bin/object/article?f=/c/a/2004/02/12/GAYMARRIA...
What a gorgeous couple.