Local gay couple denied marriage, join lawsuit Local gay couple denied marriage, join lawsuit (March 19, 2004)

Mountain View residents were first to be turned away at SF City Hall

By Julie O'Shea

A day after the California Supreme Court put a stop to San Francisco's same-sex nuptials last week, a lawsuit was filed by a group of gay civil rights activists, contesting the law that forbids such marriages.

A Mountain View couple was one of the first to sign the lawsuit, which calls the ban on same-sex marriages unconstitutional and demands that gays be allowed to marry statewide. Five other same-sex couples, along with the American Civil Liberties Union, the National Center for Lesbian Right and Lambda Legal are also part of the lawsuit.

"We are starting to go into activist mode because we are really ticked off about this," said Art Adams, who was denied a marriage license last week when he showed up at San Francisco City Hall with his partner of three-and-a-half years, Devin Baker.

The two men moved to Mountain View almost two years ago. When San Francisco Mayor Gavin Newsom announced City Hall would be issuing same-sex marriage licenses Feb. 12, Adams said the news came as a complete surprise. But after it sunk in, Adams said he and Baker raced to secure a date to tie the knot.

At first, they were given a May 4 wedding date but they thought that was too long of a wait. When a spot opened up last Thursday afternoon, Adams said they immediately booked it.

With rings in hand, the couple was nearly done completing their marriage license on March 11 when the Supreme Court decision was announced and a city clerk sent the Mountain View couple away in tears.

"It was quite a blow," Adams said. "We just want the same deal everyone else is getting."

But he added, "Ultimately, the value we put on our relationship is going to outweigh what the state is going to say."

The two were asked soon after their attempt to marry to join a lawsuit that challenges the constitutionality of the state marriage laws, which dictates that such unions can only be between a man and a woman.

"I feel like there is a certain amount of momentum picking up," Adams said. "It's going to make it hard to put this (same-sex marriage issue) back in the box."

Before the state's high court halted San Francisco's love fest last week, nearly 4,000 same-sex couples, including comedian Rosie O'Donnell and her partner, had taken their vows at City Hall. The court said it will rule later this year whether Newsom had the right to disregard the state marriage law without first getting the green light from the judicial system.

Adams said he will continue to fight for the right to marry his longtime love, whom he met on Yahoo! Personals.

"At least we had that moment in City Hall in front of all our family and friends, and that's all that matters," he said.

Mountain View officials said what is happening in San Francisco hasn't really been an issue among city employees. Although only Santa Clara County, and not its member cities, hand out marriage licenses, Mountain View began allowing employees to sign up for domestic partner benefits in 2001. Since the City Council approved this option, three employees have taken advantage of it, said Sharon Aochi, a senior personnel analyst.

E-mail Julie O'Shea at joshea@mv-voice.com

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