Santa Fe, New Mexico Lesbians refused marriage license

By Bob Summersgill, for the New Mexico Rainbow.

Civil marriage hadn't been much of a concern for Patti Levey, a
psychologist and spiritual counselor and her partner Beth Saltzman, a
medical librarian. All that changed when the couple did their taxes this
year.

Levey, who has been with her partner in a committed relationship for five
years, is covered under Saltzman's medical insurance plan from St.
Vincent's Hospital. However-unlike a married couple-Saltzman must pay taxes
on Levey's medial insurance.

That news outraged the couple.

"The rude awakening," said Saltzman, to find "that domestic partnership is
different. It's not the same, it's not fair."

Not willing to settle for fewer benefits than her co-workers take for
granted, Saltzman and Levey decided to get a license for their already
solemnized relationship.

"Patti and I went to the County Clerk to apply for a marriage certificate.
The County Clerk [Rebecca Bustamante] refused to give it to us and the
County Attorney [Steve Kopelman] who was also present, said that he had to
check with the Attorney General about it.

The couple has already had a religious wedding. All that is missing is the
license. Levey's family paid for the wedding in San Francisco on June 25,
1995. The 150 guests included both families. "We were both June Brides,"
said Saltzman, "we've been really solidly together [for 5 years.]" They
moved to New Mexico in October 1995 from San Francisco for a cleaner and
dryer climate. Saltzman said, "It wasn't easy, I'm a native San
Franciscan."

Attorney General Tom Udall's office said that Udall will not issue an
opinion about whether Santa Fe county can issue a marriage license to
same-gender couples. Sex discrimination is illegal under the New Mexico
Constitution. New Mexico marriage laws are gender neutral, but have never
been issued to same-gender couples.

"We had already reviewed the marriage laws for New Mexico," said Saltzman,
"and there is absolutely nothing in them to designate that one of us must
have a penis and the other must have a vagina. Basically, we were flatly
discriminated against on the visual basis that we both appear to be
females."
That discrimination could become a matter of law if anti-Gay activists have
their way. State Sen. Leonard Lee Rawson (R-Las Cruces) has introduce the
Christian Coalition's anti-marriage constitutional amendment into the
legislature soon.

"I think it is perfect timing," said Linda Siegle, a Lobbyist for the Human
Rights Election Fund, "their story came out on the day that Rawson
introduced his bill."

Rawson introduced an anti-marriage resolution in 1996 that failed to
receive a hearing during the 30-day session.

"We are hoping to testify in front of the legislature soon," said Saltzman.
"We will also be making an appearance at 11 am on February 13th at the
Roundhouse to attend the mass same-gender wedding ceremony, wearing our
wedding gowns, of course."

The application took Gay and Lesbian activists by surprise. The couple
hadn't consulted activists prior to their decision to challenge the county
for the right to marry.

"We were just being spontaneous, " said Saltzman. "We do intend on
participating in whatever legislative stuff."

New Mexico marriage advocates have been carefully watching the Hawai`i
marriage case which, although under appeal, has received a ruling ordering
the state to issue marriage licenses to same-gender couples. Hawai`i may
not become the first state to recognize same-gender marriages. The Hawai`i
legislature is considering two different constitutional amendments. Each
would restrict marriage to one man and one woman. Hawai`i may also hold a
constitutional convention. At such a convention marriages could also be
restricted. A final ruling on marriage by the Hawai`i Supreme Court could
be as long as a year away.

"We have found an attorney who is very excited about taking the on the
case," said Saltzman. "Her name is Carol Oppenheimer." Oppenheimer has
handled many high profile cases in New Mexico, including an on-going
discrimination case by laid-off employees at Los Alamos Labs.

"The issue is before us," said attorney Steven Homer, an expert on
same-gender marriage and member of the New Mexico Gay and Lesbian Bar
Association. "It is a good time to start the initial work of educating
people on the issue of marriage. We will need to start now to decide how to
proceed to in getting our rights, and that may or may not include a
lawsuit."

Permission to repost or reprint granted with attribution.

Bob Summersgill, publisher of the New Mexico Rainbow,
The newspaper for the Lesbian and Gay communities of New Mexico.
summers@rt66.com      http://rt66.com/summers/bob.html

"Marriage has long been recognized as one of the vital personal rights
essential to the orderly pursuit of happiness by free men."
                     --Loving v. Virginia (1967)


--
summers@rt66.com (Bob Summersgill) -- nmqn