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Same-Sex Marriage Pioneers Still Face Challenges

Despite progress in recognition of old and out of state same-sex marriages, challenges still remain.

Same Sex MarriageThis month Governor Jerry Brown signed a bill into law which updates the wording of California’s marriage laws to reflect the reality of same-sex marriage in our state. The new law will also ensure that same-sex marriage licenses issued by other states are recognized in California. But despite this progress, same-sex couples still face difficulties in receiving equal treatment, as one famous case involving two gay marriage pioneers clearly shows.

In 1975, Anthony Sullivan and Richard Adams hopped on a flight from LA to Boulder, Colorado to visit a forward-thinking county clerk. The clerk gladly issued the two men Colorado Marriage License #1860 and the couple was married in front of witnesses in the First Unitarian Church of Denver. Though the clerk soon resigned, none of the 6 marriage licenses she had issued to same-sex couples were ever revoked or voided. Instead, they were simply ignored.

Adams and Sullivan tried to use their marriage license to secure a green card for Sullivan, an Australian citizen. However, their application was denied on the grounds that they had failed to prove they were really married, despite having a legal marriage license from Colorado. In the first federal lawsuit demanding recognition of same-sex marriage, the couple sued the INS, but they lost the case as well as all subsequent appeals.

By the 1980s, Sullivan was stuck in immigration limbo, unable to leave the country even for his mother’s and brother’s funerals for fear of being separated from his partner, who had already been denied residency in Australia.

Adams passed on at the end of 2012, just before the Defense of Marriage Act was struck down. Now, Sullivan has one last chance to get the green card—via a widower’s petition. Spouses of deceased citizens have two years to file a petition for a green card. Will this be enough time for Sullivan? In a few months we should know.

Meanwhile, it is important to understand that as the laws regarding same-sex marriage change, so do the interpretations and precedents available for use in family law cases. If you have had a family law issue related to a same sex marriage that has not been resolved to your satisfaction, now may be the time to try again. Please feel free to consult the Law Offices of Torrence L. Howell for advice.

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