Ruling leaves gay couples in ‘legal limbo’

Andrew Edwards

Members of Laguna Beach’s gay community were let down, though not

shocked, by the California Supreme Court’s decision to invalidate

about 4,000 same-sex marriage licenses issued in San Francisco.

However, the court’s decision is not viewed as a resolution to the

debate over same-sex unions.

“I was disappointed, but unfortunately, not surprised,” said

Lagunan Jorge Rodriguez, who on March 4 married his partner Ed Olen

in San Francisco.

Rodriguez expects the ruling will not be an end to the issue, and

future battles over same-sex marriage will be fought in California.

“I didn’t like it, but I didn’t think of it as a total defeat,” he

said.

The court ruled on Aug. 12 that San Francisco mayor Gavin Newsome

overstepped his authority in February when he ordered San Francisco

county officials to issue marriage licenses to same-sex couples.

State law only provides for heterosexual marriage in California.

“Clearly the mayor went overboard on this,” Log Cabin Republicans

co-founder Frank Ricchiazzi said. Though he believes the court

correctly interpreted state law, he thinks laws limiting marriage to

heterosexuals is unconstitutional.

“I say, ‘Government, out of the house,’” Ricchiazzi said.

The court left the door open as to whether those laws are

constitutional, leaving the possibility that future lawsuits will

subject prohibitions on same-sex marriage to judicial review.

“I think those lawsuits are already in the works,” said Lagunan

Sandra Hartness. “I think they’re bubbling in the system.”

Hartness is affiliated with the Human Rights Campaign Fund, a gay

and lesbian lobbying group. She and other advocates of

same-sexmarriage argue that limiting marriage rights, and the legal

benefits attached to marriage, deprive same-sex couples of what is

afforded to heterosexual spouses.

One example, Hartness said, is that married people are allowed to

will property to each other without having to pay estate tax.

Currently, same-sex couples do not have that ability, even where

civil unions are recognized.

“Federal tax code is based around the word, ‘marriage,’” Hartness

said.

Opponents of same-sex marriage argue the concept represents an

attack on traditional families and gender roles. Lagunan Dan Huston

said he does not mind if same-sex couples choose to live with each

other and hold their own wedding ceremonies to commemorate their

relationship, but state law should stay the same.

“Let them have their [darn] weddings,” Huston said. “They don’t

have to be legal.”

“We have our tradition of man and wife and most religions have the

same thing,” he added.