The following commentary appeared in the June 10, 1994 issue of THE SAN DIEGO UNION-TRIBUNE (reprinted with permission from the author) Laws deny equal rights to gay couples By Dennis Lucarelli, Co President Gay and Lesbian Alliance Against Defamation, San Diego Last year the Hawaii Supreme Court held in Baehr vs. Lewin that Hawaii's marriage law excluding same-sex copules was probably unconstitutional. The court referred the case back to the lower court for reconsideration after concluding that it would apply the "strict scrutiny" analysis, normally used to void laws discriminating against racial or religious minorities. With this decision, our 50th state has come the farthest along the road toward legal recognition of lesbian and gay marriage. Other states' courts may follow in Hawaii's footsteps, and the Hawaii case could eventually land in the U.S. Supreme Court and achieve historical significance similar to that accorded Brown vs. the Board of Education, the U.S. Supreme Court decision which outlawed "separate but equal" racially segregated public schools. To circumvent the ruling, the Hawaii Legislature recently enacted a law that redefines marriage in terms of procreation and designates a commission, including public officials and representatives of gay rights groups and the Mormon and Roman Catholic churches, to study how to recognize homosexual relationships without calling them "marriage." Gay marriages aren't new Gay matrimony, however, is nothing new. It was recognized in early Christianity and widely celebrated in ancient Egypt, Greece and the Roman republic. Popular ancient literature is full of references to same-sex weddings until around 300 A.D., when rising intolerance, the byproduct of economic decline, drove gay relationships back into the closet, according to John Boswell, chairman of the Yale History Department and author of Homosexuality, Social Tolerance and Christianity. Short of "marriage," the passage of domestic partnership laws could grant same-sex and other unmarried couples many of the economic benefits of marriage, including estate tax waivers, joint pension eligibility, health insurance coverage and Social Security benefits. In fact, on May 31 the California Assembly passed a bill by Assemblyman Richard Katz, D-Los Angeles, that, if passed by the Senate, will grant hospital visiting privileges, conservatorship rights and will beneficiary rights to unmarried domestic partners. Such laws will help individuals, like th gay man in San Diego who put his partner through medical school, but was forbidden hospital visitation rights by the man's family when his partner became seriously ill. Last week, the San Diego City Council agreed to extend health benefit options to all unmarried city employees' domestic partners (which the employees would pay for at their own expense). In doing so, SanDiego joined a list of cities, including San Francisco, Sacramento, Seattle, New York, New Orleans and Minneapolis, which have recognized unmarried couples in various ways. Measures such as these are steps in the right direction, however, as civil rights measures, domestic partnership laws won't work because they amount to nothing more than codified second-class citizenship. "Separate but equal" is more than just a slap in the face to the gay community. According to a 1988 American Bar Association study, 8 million to 10 million children are being raised in 3 million gay and lesbian households in the United States. How do these children fare under the financial strain and social stigma caused by their parents' legal inferiority? Furthermore, hundreds of gay and lesbian Americans have permanent partners who are not U.S. citizens. Except for Norway and Denmark [and now Sweden], where gay marriages are recognized, only the Netherlands, New Zealand and Australia allow for same-sex partner immigration, and only Canada considers such applications on a case-by-case basis. It is unconscionable that the United States grants citizenship to mail-order brides but forces lifelong same-ex partners to live in separate countries. What a cruel irony that gays are defamed as unable to maintain long-term commitments and simultaneously denied the right to marry. Holy unions are performed Gay marriage is an act of social conservatism. Many U.S. corporations, universities and municipalities extend limited benefits to same-sex couples. "Holy unions" are performed annualy by the Metropolitan Community Church and a few other churches and synagogues. Last October, more than 90 couples gathered at the Balboa Park Organ Pavilion to repeat their vows along with Herb King and Stan Mahan, 75-year old Vista residents who've been together for 34 years. Gay marriage is about support, encouragement and mutual responsibility. There's nothing wrong with that.The sky did not fall in 1967 when the Supreme Court overturned laws barring inter-racial marriages, which still existed in 14 states. Religious fundamentalists argue that openly gay relationships undermine the social order, but history teaches us the folly of blaming the problems of society on a minority. The time has come for everyone, gay and straight, to look into each others' faces and observe our common humanity. Society will benefit by allowing everyone to participate in the institution of marriage.