Today two same sex couples applied for marriage
licenses, but were denied the license to marry, solely because each couple is of
the same gender.
Robin Tyler is a nationally known lesbian rights
activist and co-chair of DontAmend.com Her life partner, Diane Olson, is a
granddaughter of former California Democratic Governor Culbert Levy
Olson.
Rev. Troy D. Perry is the first openly gay member of the Los
Angeles Human Rights Commission and a past delegate to the White House
Conference on Hate Crimes. He and his partner, Phillip Ray DeBlieck, were
legally married in Canada in July 2003. They also requested a California
marriage license in order to obtain legal recognition of their marriage
here.
Both couples wanted to marry for the same reasons that heterosexual
couples wish to marry. They are in loving committed relationships, and
they wish to signify that to their familes, their community and to each other by
assuming all of the legal rights and responsibilities which the law recognizes
in "marriage".
Unfortunately, today they were denied that opportunity for
full legal recognition.
Article 1, Section 1 of California's Constitution
states:
"All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing and protecting property, and pursuing and
obtaining safety, happiness and privacy."
In my legal opinion, denial of
a state license to marry denies these couples their constitutional right to
pursue happiness and privacy and their constitutional right to enjoy equal
protection under the law (Article 1, Sec. 7), and I believe that the state has
no compelling interest that would justify excluding same gender couples from the
marriage relationship. Laws which afford these couples the right to
seek recognition as domestic partners or which allow civil unions do not address
the inherent denial of equal protection in the state's policy of excluding same
gender couples from the marriage relationship. Those alternatives simply
underline the second class status afforded same gender couples and the treatment
of those couples as separate and unequal.
The days of suffering such
an injustice are now gone. The couples here today have decided to stand up
and fight back for the right to enjoy full equality in their home state of
California. We are therefore announcing today that we plan to file a
lawsuit soon challenging the denial of California marriage licenses to these
couples and also seeking recognition of Rev. Perry and Mr. DeBlieck's Canadian
marriage in California. There has been no California case which has been
filed which has reached the
California Supreme Court on this issue. We
are committed to filing and fighting that legal battle for these
couples.
This case will make history and it is long overdue. It is
not about sitting in the back of the bus. It is about not being able to
get on the bus at all.
We believe that the law which only allows marriage
licenses to be issued to a man and a woman is unconstitutional. We look
forward to challenging it, and all the stereotypes inherent in such a misguided
policy, and with these courageous, committed, loving couples, we shall
overcome!
GLORIA ALLRED
Attorney-At-Law
Representing Robin Tyler,
Diane Olson
Rev. Troy Perry, Phillip Ray DeBlieck
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