Gay couples sue in L.A., Fla. to marry

In Los Angeles, the well-known criminal defense attorney Gloria Allred held a news conference Monday to announce that she had filed suit in Los Angeles County on behalf of Metropolitan Community Churches (MCC) founder Troy Perry, activist Robin Tyler and their respective partners.

Allred told the press that even if San Francisco successfully defended its right to issue marriage licenses, that victory would have no impact in other California counties.

That may be true in terms of the battle over a court-ordered injunction against the city, but San Francisco has filed a separate suit challenging the state's marriage laws on constitutional grounds. Success in that effort before the state's high court would render Allred's lawsuit moot.

According to the National Center for Lesbian Rights (NCLR) and Lambda Legal, the same group of civil rights lawyers who are allied with the city and county of San Francisco won court approval Wednesday to take part in the L.A. case as well. The group, including the NCLR, Lambda, the ACLU and others, represent Equality California, the state's gay rights lobby.

Meanwhile, in Broward County, Fla., lawyer Ellis Rubin told the press on Monday that he would be filing a marriage suit on behalf of two men, one an unnamed closeted government employee, and the other, a convicted felon named William Ash. Rubin, who the Sun Sentinel described as a "controversial criminal defense attorney known for publicity stunts," formally filed suit against Broward County Clerk Howard Forman on Wednesday. But by that time, he had amassed 171 plaintiffs, most of whom were recruited the previous night at gay bars, the Associated Press reports.

The developments may reflect the end of a decade of coordinated, strategic, freedom-to-marry cases, filed in gay-friendly states on behalf of hand-picked plaintiffs. Four cases, beginning with Lambda's intervention in the Hawaii marriage case after an unexpectedly positive high court ruling in 1993, have led to court victories in Vermont and Massachusetts, while another case in New Jersey is pending appeal.

But two other recent freedom-to-marry suits have been filed independently in the last year or so, producing a defeat in an Indiana court and a loss at an Arizona state appellate court. In both instances, GLBT community lawyers unsuccessfully urged those involved to refrain from making marriage challenges in states without a clear record of support for gay rights.

Although California has automatically become one of the new legal fronts in the fight for marriage thanks to San Francisco Mayor Gavin Newsom, Florida is one of the least advantageous venues for this kind of lawsuit. Also, the unusual practice of enlisting plaintiffs during happy hour may further complicate the efforts in Broward County.

http://planetout.com/news/article.html?date=2004/02/26/4