WEDDING DISPUTE EXTENDS TO L.A.

Byline: Michael Gougis Staff Writer

In the first California challenge by a gay couple denied a marriage license, two same-sex couples - including one from Northridge - filed suit Monday against Los Angeles County.

The plaintiffs include Phillip DeBlieck and his partner, the Rev. Troy Perry, who is moderator of a Christian church that performs more than 6,000 same-sex weddings a year. Joining in the suit against the county were Northridge residents Robin Tyler and Diane Olson Tyler, executive director of The Equality Campaign, a nationwide group fighting a proposed constitutional amendment banning same-sex marriages.

``My partner and I want nothing less - and nothing more - than the government already grants to our heterosexual friends: the right for our marriage, commitment and love to be recognized by the state of California,'' said Perry, the first openly gay member of the Los Angeles Human Rights Commission.

The Tylers were on vacation Monday and could not be reached for comment.

County Counsel Bill Pellman said he had not seen the lawsuit and could not comment.

The plaintiffs claim that on Feb. 12, they filed for marriage licenses at the County Clerk's Office in Beverly Hills. A clerk refused to accept the completed documents and handed each a form stating that state law defines ``marriage'' as a union between a man and a woman.

Their suit asks the court to order the county to issue marriage licenses to them and to other same-sex couples.

The recent furor over same-sex marriages was sparked by a Massachusetts Supreme Court ruling that said only marriage for gays, not civil unions, would satisfy the law under that state's Constitution.

San Francisco Mayor Gavin Newsom authorized same-sex weddings in the Bay Area beginning Feb. 12, and more than 3,000 same-sex couples have taken their vows since then - a crush that prompted the city on Monday to require an appointment for future applicants.

Two state courts already have refused a request by a Campaign for California Families to immediately void the licenses and halt the marriages. And San Francisco has sued the state, asserting that the ban violates the equal protection clause of the California Constitution.

On Monday, a spokeswoman for state Attorney General Bill Lockyer said he was pushing for a speedy court resolution to San Francisco's suit against California, so there could be closure both for the state and the couples.

Lockyer still has not made public his opinion of same-sex marriage, but the aide reiterated his commitment to vigorously defend the state law that bars such unions.

``We're working very closely with the governor's staff, and they're supportive of our legal strategy,'' Lockyer spokeswoman Hallye Jordan said.

On Friday, Gov. Arnold Schwarzenegger ``directed'' Lockyer to force San Francisco to stop flouting state law - which the attorney general says the governor has no authority to do. A letter signed by about 30 Republican lawmakers asking Lockyer to do something similar is scheduled to be unveiled today at a news conference in Sacramento.

Despite the pending litigation, plaintiffs attorney Gloria Allred said the lawsuit against Los Angeles County is critical in the fight for equal rights for gay couples.

Even if San Francisco wins the right to continue issuing licenses to same-sex couples, ``that decision is not binding on Los Angeles County, and they are not legally required to change their policy on account of it,'' Allred said.

University of Southern California law professor David B. Cruz, an expert in sexual orientation and the law, said it's likely that the suit against the county will be combined with existing litigation or held until the constitutionality of same-sex marriages is decided in court.

Other legal experts said the lawsuit is just the first step in a long legal process.

``Most experts believe this issue will eventually end up at the U.S. Supreme Court,'' said Alison Renteln, a USC political science professor who is an expert in sexual orientation and the law, cultural defense and gay marriage.

For same-sex couples seeking to marry, the legal fight is worth it. They say they want not only the social standing afforded heterosexual married couples but also the more tangible benefits, such as health insurance.

Scott Edwards, 49, and his longtime partner drove to San Francisco last weekend to obtain a marriage license but had to return home before they got to the front of the line.

``We had a commitment ceremony in 1990, we were married in Canada, and we are registered as domestic partners with the county and with the state,'' Edwards said. ``My company doesn't recognize that. We spend an extra $300 a month (for health care benefits) because the company won't cover it.

``I've worked here 23 years,'' he said. ``A straight colleague who worked here for a month could go to Las Vegas, marry a semi-stranger, and come back and put that person on their benefits. That's discrimination.

``We just think of getting a marriage license as equal treatment for our relationship,'' he said.

Staff Writer David M. Drucker contributed to this report.

Michael Gougis, [phone]

michael.gougis(at)dailynews.com

CAPTION(S):

2 photos

Photo:

(1) Gay-rights activist Robin Tyler, right, and her life partner, Diane Olson Tyler, filed a lawsuit Monday against the county of Los Angeles for a license to marry each other.

DONTAMEND.COM

(2) Saugus residents Scott Edwards, left, and Al Carbonara say they traveled to San Francisco to get married but could not do so because of the length of the waiting lines.

John Lazar/Staff Photographer