Gay Marriage Debate Goes National

As Massachusetts lawmakers wrestled with whether to outlaw gay marriage, nearly 100 same-sex couples were married in San Francisco and couples tried to marry in other states, reflecting America's divisions over whether gays can legally wed.

The issue of gay marriage is one of the most divisive in the United States. It pits arguments for basic civil rights against deeply held religious beliefs. It may become an issue in the presidential campaign.

In Massachusetts, the state Supreme Judicial Court in November ruled it unconstitutional to ban gay marriage, and the state is set to become the first where state-sanctioned same-sex marriages can take place in mid-May.

The state legislature, to undo the high court ruling by rewriting the state constitution, must pass an amendment with at least 101 votes in two consecutive legislative sessions — this year and in 2005-06 — before it winds up on the ballot before voters in November 2006.

But a constitutional convention adjourned at midnight after more than 17 hours of debate and the voting down of three separate attempts to ban gay marriage.

Debate was suspended amid discussion of a fourth attempt at compromise - a measure sponsored by bipartisan House and Senate leaders that would have banned gay marriage but adopted civil unions similar to those in Vermont.

The constitutional convention will resume March 11 when lawmakers will again grapple with the issue.

"It has been a struggle for the members, as it is for every citizen," said House Speaker Thomas Finneran, a Democrat and an ardent opponent of gay marriage. "No one should expect that decisions of this magnitude would be made casually or quickly. Our efforts will continue."

Gay and lesbian advocates see the lawmakers' failure to pass an amendment approving civil unions as at least a temporary victory. They condemned the idea of civil unions, arguing it would revert gay people to second-class citizenship after a hard-won court victory.

"We've beaten back three amendments to discriminate," said Sen. Jarrett Barrios, an openly gay Democrat. "We'll see what comes next."

In San Francisco, the newly elected mayor, Gavin Newsom, directed the county clerk to accept applications from gay and lesbian partners for the first time Thursday — an act of political and legal defiance aimed at challenging California's ban on same-sex marriages.

In six cities in Wisconsin, in the political spotlight now because of its primary on Tuesday - couples lined up in the cold Thursday to request marriage licenses. Those requests were denied - a decision that prompted the would-be married to lodge discrimination complaints.

The Wisconsin marriage license applications were deliberately timed to coincide with a hearing by state lawmakers on a proposed constitutional amendment to ban both gay marriage and civil unions.

In South Carolina, five couples applied for marriage licenses in Columbia. They were turned down.

In Minneapolis, 50 same-sex couples gathered to sign up with the state's domestic partner registry, saying the registry is an important step toward legally recognized marriages.

So many couples took San Francisco up on its surprise offer that, by late afternoon, overwhelmed officials told new applicants to return Friday. In all, the clerk's office issued 95 marriage licenses to same-sex partners Thursday, and 87 couples took their vows on the spot.

The first marriage was between longtime lesbian activists Phyllis Lyon, 79, and Del Martin, 83. The pair, who will celebrate 51 years together on Valentine's Day, were wed by San Francisco Assessor Mabel Teng in a closed-door ceremony.

As word spread, couples rushed to City Hall, most dressed casually in jeans with hastily assembled witnesses, and holding hands as they waited in a long line to pay their $82 license fee. The marble passages beneath City Hall's ornate golden dome echoed with applause as jubilant couples breezed through brief ceremonies, promising to be "spouses for life" instead of husband and wife.

"Even people who are anti-gay marriage might shift their thinking now and realize it's most harmful to take something away when someone already has it," said Virginia Garcia, 40, after wedding Sheila Sernovitz, 50, her partner of 14 years.

The city's bold move, however, caused an outcry from elected officials and groups opposed to marriage rights for same-sex couples.

One group, Campaign for California Families, said it would ask a Superior Court judge Friday for a temporary restraining order that would enjoin the city from granting any more licenses. The organization is also seeking a ruling from the court declaring the city's actions illegal.

"Those who received the marriage licenses need to know that they are worthless," said Mathew Staver, whose Florida-based law firm, Liberty Counsel, is representing the plaintiffs. "We are confident that they will be invalidated as soon as a judge is able to issue an order."

San Francisco officials acknowledged they might have a long court fight ahead of them, but insisted that the licenses were legally binding, saying they would immediately confer new benefits in areas ranging from health coverage to funeral arrangements.

At the same time, the freshly revised marriage applications they issued encouraged "same-gender couples" to "seek legal advice regarding the effect of entering into marriage."

Even if Massachusetts gays marry after the court order takes effect on May 17, federal lawsuits would likely ensue as married gay couples seek recognition in other states and by the federal government. While state marriages are normally respected in other jurisdictions, 38 states and the federal government have approved laws or amendments barring the recognition of gay marriage.

Only Vermont recognizes same-sex civil unions — a legal designation that confers all the rights and benefits of marriage for gays and lesbians.

President Bush has come out strongly against it, and is expected to support a federal constitutional amendment banning gay marriage. However, the president has not called outright for such a measure, despite pressure from conservatives.

Democratic presidential candidates Sen. John Kerry and Sen. John Edwards, while using less strong language, have also said they don't support gay marriage. Neither appears to object to civil unions of gay couples.