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North Texas couples take ban on gay marriage personally

12:00 AM CST on Friday, November 7, 2008

By SAM HODGES / The Dallas Morning News
samhodges@dallasnews.com

Gay North Texans who got married in California earlier this year are singing the wedding bell blues after California voters' decision Tuesday to end same-sex marriage there.

"To have other people vote on my marriage is outrageous to me," said Lorie Burch, a Plano lawyer who married her partner, Jane Colley, in Torrance, Calif., on July 18. "There are a lot of people's marriages I'd like to weigh in on, but I don't have that right."

On Tuesday, Californians approved – 52 percent to 48 percent – the ballot initiative known as Proposition 8, following an expensive and contentious campaign. The measure amends the state constitution to say that only marriage between a man and a woman is valid in California.

Already, Proposition 8 faces a challenge in the California Supreme Court from those who say gay marriage is a fundamental right.

"If the voters approved an initiative that took the right to free speech away from women, but not from men, everyone would agree that such a measure conflicts with the basic ideas of equality enshrined in our [state] constitution," said Jenny Pizer, senior legal council for Lambda Legal, a gay-rights group. "Proposition 8 suffers from the same flaw."

Proposition 8 was strongly backed by cultural and religious conservatives who say gay marriage is not biblical and demeans traditional marriage.

California has been tangling with the gay marriage issue for years. In May, the California Supreme Court – in a 4-3 decision – ruled that the state constitution protected marriage rights for same-sex couples.

The state began to allow same-sex weddings on June 17, and about 18,000 occurred between then and Tuesday's election.

California Attorney General Jerry Brown has said Proposition 8's passage probably won't nullify those marriages. Other legal experts say the matter is far from clear.

No one seems to know how many Texans had same-sex weddings in California. Paul Scott, executive director of the gay-rights advocacy group Equality Texas, estimated the number in the hundreds.

Mr. Scott said the couples understood their marriages would not be recognized in Texas, where the state constitution prohibits gay marriage.

"This was a symbolic gesture for many people," he said. "It was a way to demonstrate their commitment."

David Northway and Loras Freihoefer of Plano married in a beach ceremony near San Francisco on July 26, surrounded by family, friends and co-workers.

"We've been together 19 years," Mr. Northway said. "We wanted to do it, and we thought it was positive for people to see a gay couple get married."

Mr. Northway said he was at his computer Tuesday night and Wednesday morning, searching for Proposition 8 returns from California.

"I do believe it is a large setback," he said of the measure's passage. "But if I had to look at the positives, [the vote] raised more awareness, more discussion."

Ms. Burch and Mr. Northway both said they supported Barack Obama for president. Though he is on record as opposing gay marriage, he has offered generally strong support for gay rights, and they believe he will appoint federal judges who see things their way.

Steve Yevich of Dallas married Terry Cook, his partner of 21 years, in a ceremony Sept. 20 in Glen Ellen, Calif. He said the courts offer only "short run" relief.

"In the long run, it's really got to come through on the legislation side," Mr. Yevich said. "Winning in the courts doesn't necessarily win over the population."

Voters in Florida and Arizona also approved state constitutional amendments Tuesday defining marriage as between a man and a woman.

"When traditional marriage is put to the people, they will support traditional marriage," said James Tonkowich, president of the Institute on Religion and Democracy, a conservative advocacy group.

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