Wedding Bells to Ring in Ruling on Same-Sex Marriage

After waiting four years for the government to decide whether their relationship can have equal footing with heterosexual married couples, Beth Syverson and Jan Mabie are done biding their time.

They are getting married at the Old Orange County Courthouse Wednesday no matter what the U.S. Supreme Court has to say about it.

“We had only known each other for a couple months when we knew we wanted to spend the rest of our lives together,” said Syverson.

That was four years ago. They have since registered as domestic partners, but they still have to do their income taxes five different ways because they aren’t a married couple. They still worry that if something should happen to Syveson, Mabie will never again see her nine-year-old son because their civil union doesn’t bestow her parental rights as his stepmother.

Though their pastor will marry them before hundreds of supporters and news crews Wednesday, the pair is dependent upon the nine court justices to determine whether their marriage can be legally binding. The court is expected to issue a ruling Wednesday effectively striking down or upholding Proposition 8, the measure passed by voters in 2008 amending the state constitution so that “only marriage between a man and a woman is valid or recognized in California.”

“This is so exciting for them, and what they represent to the nation and to themselves,” said Fairview Community Church Rev. Sarah Halverson, who will perform the ceremony. “This is clearly a couple that is committed, and they understand the sanctity of marriage.”

Halverson said she would fly with the couple to another state that would validate the marriage ceremony if the Supreme Court rules against same-sex marriage in California.

After oral arguments were made before the Supreme Court in March, some observers suggested that the nation's highest court appeared to be split 4-4 on the issue, with Justice Anthony Kennedy as the swing vote, and his questions appearing to indicate a reluctance to take any action. That would leave the court without a majority vote and unable to make a decision, meaning the appeals court ruling striking down the proposition would stand.  Proposition 8 was deemed unconstitutional last year by a federal appeals court, which found the initiative was at odds with the U.S. Constitution's 14th Amendment guaranteeing equal protection under the law.

The court could also determine that the proponents of Proposition 8 lacked standing to bring the appeal in the first place -- a question that was argued before the California Supreme Court prior to the appeals court decision. If the U.S. Supreme Court takes that position, it would vacate the appeals court ruling but uphold the original federal court ruling that also struck down Prop. 8.

Both possibilities would have the effect of striking down Prop. 8 in California but also would mean that the Supreme Court had failed to make a definitive federal decision on the issue of same-sex marriage, which many advocates have been hoping for.

On the other side of the issue, Randy Thomasson, president of SaveCalifornia.com and an opponent of same-sex marriage, countered that the U.S. Supreme Court's review of Prop. 8 goes beyond the issue of marriage.

"This case is as much about the survival of our republic as it is about natural marriage between a man and a woman," Thomasson said. "We are a constitutional government that abides by written laws and their original meanings. A republic under the thumb of judges who act like kings has ceased to be a republic.

"The unchanging laws of nature require two distinct sexes for humans -- male and female," he said. "... In contrast, homosexual behavior is neither natural nor healthy, and doesn't qualify for marriage, which requires one man and one woman, no more, no less."

Halverson, whose Costa Mesa congregation embraces same-sex couples, countered that attitudes such as Thomasson’s are rapidly becoming antiquated as the nation comes to recognize the plight of same-sex couples as a major civil  and human rights issue.

“Most of us believe we will get (same-sex marriage) back in California, so people are already planning weddings,” she said.

As a person of faith who believes that God condones marriages between two people who are in love, Halverson said she felt her voice was muffled in 2008 when Proposition 8 passed. But the faith community in support of same-sex couples is strong, she said.

“It is my honor to be able to officiate the ceremony on behalf of God,” she said of Syverson and Mabie’s wedding.

Syverson, a musician, will wear a teal dress. Mabie, an electrician, will wear a navy blue suit. They’ll carry bouquets and have wedding cake.

They’ll be surrounded by loved ones as well as demonstrators for a rally in support of same-sex marriage.

But their families, who hail from Iowa and Indiana, won’t attend.

“Most of our families are in the Midwest, and a good portion of them are seriously disapproving of our relationship,” said Syverson. “It feels really bad, like I am second-class citizen, like my relationship doesn’t count.”

But Syverson holds hope that if the government recognizes her marriage, then society and her own family, will soften their hearts.

“If the government says, ‘Yes, you are equal,’ then, over time, I think they will become more accepting and more tolerant,” said Syverson.

 - City News Service contributed to this report.