SPONSORED BY:
Dave Schmader (left) and Jake at their wedding
Thomas Nelson
David Schmader (left) and his partner, Jake Nelson, celebrated their September 2008 wedding at a Beverly Hills restaurant.

The ‘Lucky’ Ones

California's Supreme Court ruling didn't invalidate my marriage. But that still doesn't mean I feel truly married.

 

Email To A Friend

Please fill in the following information and we'll email this link.

Separate multiple addresses with commas

SPONSORED BY
 

My husband and I are lucky. We're one of the 18,000 gay and lesbian couples who get to keep our California marriage certificate after the state Supreme Court on Tuesday upheld Proposition 8, the voter-approved ballot measure restricting the state's marriage rights to heterosexual couples. But as the San Francisco Chronicle's Bob Egelko wrote: "The justices ruled unanimously that Prop 8 was not retroactive and that gay and lesbian couples who relied on the court's May 2008 ruling to get married before the Nov. 4 election will remain legally wed." (Article continued below...)

Advertisement
Your video will begin in   seconds
Adjust volume for sound

Is Gay the New Black?

I trekked from Seattle to Los Angeles with my guy of seven years to tie the knot in September 2008. We did this because we love each other and want to spend the rest of our lives together, but also because we really wanted to see Dolly Parton's 9 to 5: The Musical, which began its pre-Broadway run in L.A. soon after the state approved same-sex marriage. "It's a sign from God," joked Jake as we set about planning "the gayest weekend ever!"—an event that might've stayed awash in wryness if not for our parents, both sets of which greeted news of our upcoming nuptials by hopping on cross-country flights to join us for an impromptu Beverly Hills wedding dinner, where between the fully legal license on the table and the teary-eyed toasts from our fathers, Jake and I came to understand that we were actually truly, finally married.

Then came November and the passage of Prop 8—a surprise that stung, of course, but all hurt and disappointment was overridden by the outpouring of support that followed. Watching crowds across the nation protesting the measure, fielding phone calls from sorrowful friends and relatives (some of them beside themselves with indignation), I realized that marriage equality had made the long-awaited leap from fringe concern to mainstream civil-rights issue, with Prop 8 galvanizing a common-sense empathy among equality-cherishing Americans that was—and is—thrilling to behold.

But Prop 8 also came with messy personal ramifications, due to Jake's family's lifelong relationship with the Mormon church. The Church of Jesus Christ of Latter-day Saints' involvement in the passage of Prop 8 is well documented: Current figures put the Church's pro–Prop 8 donations at $190,000, with an additional $2.7 million coming from individual Utahans (of which 60 percent are Mormon). These facts were supplemented by tales from Jake's relatives, some of whom had received home visits from church leaders, who'd calculated a "suggested Prop 8 donation" based on the family's annual tithing (which, as good Mormons know, constitutes 10 percent of a family's gross income). For Jake's mother and father, such iffy maneuvers constituted not just a troubling use of church influence but also an active attack on their son, and the church's insistent support of Prop 8 ultimately forced them to make one of the most difficult decisions of their lives: Did they want to be good Mormons, or good parents?

Heroically, Jake's parents chose the latter, embarking on a crash course in personal growth and religious skepticism that found them marching in protest outside the Salt Lake City Temple and speaking out as Mormons for marriage equality on Utah news broadcasts. As they well understand, these actions have the potential to gravely complicate their relationship to the church they both still love, and the courage Jake's parents continue to display is an amazing thing to behold.

What's more, the evolution of Jake's parents demanded a reciprocal stepping-up from Jake and me. One of the souvenirs of growing up gay in an oppressive environment—the Mormon church for Jake, 1980s Texas for me—is an almost reflexive drive to cast yourself as an outsider and withdraw without compunction from the people who just don't understand you, man. This phenomenon played out for Jake and me in take-it-or-leave-it engagements with our families, whom we'd lazily continued to cast as the confused authority figures of our childhoods. But with Jake's parents doing their damnedest to rise to the gay-marriage occasion, we were required to do the same, and throughout the wedding and its aftermath, we found ourselves forging deeper and more spontaneous relationships with both sets of parents, in that "creating a family" way that traditionally accompanies marriage.

Which brings us back to Tuesday's decision, which did nothing to my marriage other than render it a novelty item, one of the 18,000 same-sex weddings performed during 2008's 18-week window of legality, the ridiculous arbitrariness of which will figure into all legal challenges to Prop 8 forever. I'm happy to be part of this klutzy march toward equality, and I'll be happy to watch it struggle onward for as long as I need to. But I'll only feel truly married when every committed same-sex couple in the U.S. can wed, and not just those lucky enough to go see a Dolly Parton musical at the right time.

David Schmader is an associate editor and columnist for the Seattle
newsweekly
The Stranger.

© 2009

Label

Newsweek Top Stories
Gone Rogue
Gone Rogue

How Sarah Palin hurts the GOP … and America.

The Decade's Best Quotes
The Decade's Best Quotes

NEWSWEEK's 20/10 Project recalls the lines we'll never forget.

Best Celebrity Mugshots
Best Celebrity Mugshots

10 unforgettable arrest photos from the 2000s.

An Evolutionary Edge
An Evolutionary Edge

How grandmas may play favorites.

Discuss

Sponsored by

Member Comments

  • Posted By: Drew1212 @ 06/01/2009 9:41:10 AM

    So any 2 concenting adults should be allowed to marry? If so you are saying and Uncle who is 18 or over should be able to marry his Nephew or Neice? That sounds like a bad Idea of yours George Dorn!

  • Posted By: concerned liberal @ 05/31/2009 11:20:39 AM

    Gay marriage is yet another "special case" where democracy is "not really applicable", everything seems to be "special" nothing is simply a matter of the "will of the people"! You either believe in democracy or you don't, if you don't you shouldn't be stupid enough to call yourself a democrat!

    Democracy is a form government in which state-power is held by the majority of citizens within a country or a state. There is no special cases and ,horror of all horrors, one day you will be on the minority side and be held to the same ideal as you are when you are on the majority side!

  • Posted By: concerned liberal @ 05/31/2009 11:13:36 AM

    Amendment XIV clearly states that rights may not be excluded to any American citizen...."WITHOUT DUE POCESS". I concider Supreme Courts ruling that states make thier own laws on gay marraige, then the first california vote, then the subsequent 9th courts reversal due to state constitution issues, then the proposition 8 passing, and then the 9th courts agreeing to full and complete due process!

Reply

Report Abuse

Enter comments if any for reporting abuse

My Take

Customize the NEWSWEEK homepage
to feature your favorite columnists.

Customize Now