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by Karen Ocamb
For some, the issue of marriage for same-sex couples is
about achieving equal rights guaranteed under the U.S. Constitution.
For others, it is about the core of their emotional lives — their
ability to freely express their love for one another. For
yet others, the issue is an affront to traditional marriage,
believed in conservative and religious circles to be the
glue that holds society together.
All these arguments and more will be put before the California
Supreme Court on March 4 in oral arguments stemming from
a consolidated LGBT case seeking to overturn California law
prohibiting the issuance of civil marriage licenses to couples
of the same gender. (IN Los Angeles magazine hit the streets
on the same day, so we will have coverage in our next issue.)
More than 90 briefs were filed in the case (posted on the
Court’s website, at www.tinyurl.com/2h8cdj), 44 of
which were “friend of the court” or amicus briefs,
with 30 of those supporting marriage equality, including
one filed on behalf of more than 400 local, regional and
national religious organizations and clergy supporting separation
of church and state. Five of the 14 amicus briefs filed against
marriage equality represented fewer than 30 religious organizations,
according to Marriage Equality USA (MEUSA).
In an unprecedented collaboration, MEUSA and the San Francisco-based
LGBT Bay Area Reporter published a series of articles summarizing
the 30 pro-marriage equality briefs on the BAR’s website
(www.ebar.com) and MEUSA’s website (www.marriageequality.org).
“The arguments advanced by the amicus briefs are incredibly
diverse, inspirational and critically important to understanding
the importance of marriage equality in our society,” said
Molly McKay, MEUSA’s media director, who co-wrote the
articles with Pamela Brown, MEUSA’s policy director.
“Collectively, these amicus briefs repeat the sentiment
that this court expressed 60 years ago in their historic
Perez v. Sharp decision [striking down the California law
barring interracial couples from marrying], that every individual
must have the right to marry the person on their choice,” said
Brown.
Kevin and Don Norte are one gay couple keeping their eye
on the court’s decision, which will be rendered up
to 90 days after oral arguments are heard.
Don Norte, who serves on Gov. Arnold Schwarzenegger’s
Committee on Labor for People with Disabilities, plans to
marry his high school sweetheart, Kevin Norte (Don took Kevin’s
last name), a Log Cabin Republicans California PAC Board
member, in a ceremony conducted by a minister in Provincetown,
Mass., on July 7.
The couple then anticipates “enforcing” their
marriage rights in California, in anticipation of the court
invalidating Prop. 22, which forbids recognition of same-sex
marriages from other states. Rev. Troy Perry and his partner
Phillip De Bliek—who are party to the case now before
the state high court—filed a separate lawsuit demanding
recognition of their Canadian marriage.
“One of their first acts will be to re-deed our home
as married men,” Kevin Norte told IN.
Additionally, Kevin has asked the governor's office, through
the governor’s special assistant, Daniel Zingale, “to
take a position similar to the position then-Gov. Reagan
took against the Briggs Initiative (which would have banned
gay and lesbian teachers) 30 years ago, and oppose the proposed
anti-gay ballot initiative” to define marriage as only
between a man and a woman in the state constitution. As IN
goes to press, Norte has not yet received a reply.
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