03/01/2004   English German

  Edition # 49  
San Francisco, 03-01-2004


Figure [1]: The rainbow flag as a symbol of the gay/lesbian movement in the Castro.

Angelika President Bush prefers to ignore the liberal stronghold of San Francisco. On his American map, we do not exist. However, this week he mentioned the city by the Bay publicly several times. This is because our newly inaugurated mayor, Gavin Newsom, has shaken Bush to his conservative core.

Newsom issued the order to allow marriages between same-sex partners in mid-February. It began with the rewording of marriage certificates. It no longer says "husband and wife" but "spouses for life." Just in time for Valentine's Day, the first weddings took place at City Hall. In the first few days, hundreds of same-sex couples, accompanied by the San Francisco Gay Men's Chorus and cheers from onlookers, patiently lined up to receive the coveted marriage certificate. In response, City Hall even opened its doors on the weekend to handle the rush. City employees gave up their well-deserved time off and worked without pay on the typically sacred weekend for government offices to marry as many couples as possible.

The former hippie city of the "Summer of Love" was in a state of euphoric love frenzy and a thrill of civil disobedience for days. But as soon as the first same-sex couple exchanged their vows, conservatives crawled out of their holes and attempted to stop the city's actions with a judicial injunction. However, the judge ruled that there was no immediate danger. So the wedding bells continue ringing. In the meantime, San Francisco has issued around 3,400 marriage licenses to same-sex couples.

Even our very own Terminator and Governor Arnold Schwarzenegger criticized San Francisco, as the California Family Code defines marriage as being between a man and a woman. Schwarzenegger also cited the ballot initiative "Proposition 22," which over 60 percent of California voters supported in the year 2000, as it states that California only recognizes marriage between a man and a woman (Rundbrief 03/2000).

This may seem like one and the same issue to you now. But there are subtle differences. "Proposition 22" anticipates that other states might legalize same-sex marriage, which California would have to recognize without the mentioned amendment. Schwarzenegger is now harping on the fact that Newsom's actions violate California laws. He claims that it's this particular fact that concerns him as governor. Naturally, he doesn't want to offend either his Republican party friends, nor his homosexual friends in Hollywood.

Newsom, on the other hand, argues that the ban on issuing marriage certificates to same-sex couples violates the equality principle of the California Constitution, and can therefore be interpreted as discrimination. And the constitution takes precedence over any referendum and the family code. Incidentally, Bush's State of the Union address earlier this year prompted Newsom's decision. In his speech, our president predicted the downfall of civilization, should marriage between same-sex partners be legalized, which led Newsom to rebel. A decision by the Massachusetts Supreme Court then encouraged Newsom to rise up cheerfully and boldly. The judges of this small state on the East Coast approved same-sex marriages on the grounds that the equality principle of their constitution allows nothing else.

Starting in mid-May, Massachusetts will have same-sex marriage with all the rights and obligations that heterosexual couples enjoy throughout America. Only an amendment to the state constitution of Massachusetts, which some politicians there are pursuing, could stop the process. In California, too, everyone is preparing for a lengthy legal battle. San Francisco initially filed a lawsuit against the state of California for discrimination against same-sex couples. Meanwhile, the state of California, represented by Attorney General Bill Lockyer, is trying to get the California Supreme Court to prevent San Francisco from issuing the coveted marriage certificates and to declare those already issued invalid because they violate existing law in California. One thing is certain: the case will eventually end up before the California Supreme Court. The only question is when, as the court usually only deals with cases after they have gone through the lower courts. We will know more by March 5, when a second hearing has taken place before the California Supreme Court.

Bush, on the other hand, seems to be haunted by the fear that Massachusetts and San Francisco will prevail, and last week he advocated for adding an amendment to the American Constitution, stating that a marriage is only valid between a man and a woman. On the other hand, Americans generally react allergically when someone wants to tinker with their Constitution.

The Constitution is considered untouchable by many. Even staunch opponents of "same-sex marriages" therefore criticize Bush's proposal. Additionally, Americans, especially conservatives, highly value the independence of the states. Too much interference from Washington is not welcomed. A constitutional amendment at the federal level would be seen as binding for the individual states, meaning they could no longer maintain their own regulations regarding marriage between same-sex partners. To pass an amendment to the Constitution, a two-thirds majority in the American Congress and ratification by three-quarters of the states would be required.

The fairly well-known American actress and show host Rosie O'Donnell was so angered by Bush's actions that she flew with her long-time partner from New York to San Francisco to marry her at San Francisco City Hall. O'Donnell had nothing good to say about Bush. Many also believe that Bush is only thinking about his re-election campaign and wants to appease the religious right, which donates a lot of campaign funds to him, with his highly moralistic stance. Who would have thought that our dapper-looking mayor, who narrowly won the runoff election against Matt Gonzalez and was compared unfavorably to Bush and Schwarzenegger during the campaign, would establish himself as a pioneer of a new civil rights movement (as many political activists see it, Rundbrief 12/2003)? Hats off! Ah, who would want to live in another city? Overall, Newsom shows backbone. As one of his first official acts, he appointed a woman (the first in America) as the chief of the city fire department. Meanwhile, some other mayors have followed Newsom's example: In Sandoval County, New Mexico, a few same-sex couples were married on short notice. However, the county was quickly stopped from issuing marriage licenses. In the small town of New Paltz, New York, marriages are still taking place because the attorney general saw no legal reason to stop them. The city council in Oakland (the city on the other side of the San Francisco Bay) is also considering allowing weddings between same-sex couples.

Incidentally, in California and other states, there has long been the option of a registered partnership. This roughly corresponds to the current German model. By registering, same-sex couples enjoy some of the rights of married heterosexuals, such as hospital visitation rights or making medical decisions on behalf of the partner if they are no longer able to do so. However, other important rights are still denied to same sex couples, as these are mostly based on federal laws, and some rights of registered partnerships do not go far enough: the right to file a joint tax return, receive pension benefits after the death of a partner, exemption from inheritance tax when inheriting real estate that belonged to the partner, and the possibility for a foreigner to acquire a green card because the registered partner is American, which is quite significant in the immigration state of California. We will keep you updated on how things progress.

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