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Gay couples sue for right to wed

Two Sarasota women and two Tampa men sue over a law that bans gay marriage.

By GRAHAM BRINK
Published July 13, 2004

	[Times photo: Chris Zuppa]
	Jack Sarver, 42, of Tampa, protests the idea of a constitutional amendment banning gay marriage at a Tampa intersection Monday.
	[AP photo]
	Sue Clayton, left, and Sheila Serrao are a lesbian couple living in Sarasota who would like to be legally married.

TAMPA -- Sue Clayton and Sheila Serrao met at church nine years ago.

Three years later, Serrao's dad walked her down the aisle at the couple's commitment ceremony. The day was a "dream come true," Serrao said.

But as a gay couple, the state does not allow the two Sarasota women to legally marry. Florida law defines marriage as a union between one man and one woman.

On Monday, the couple moved to change the law.

Led by their attorney and surrounded by members of local and national gay rights groups, Clayton and Serrao filed a lawsuit in Hillsborough Circuit Court asking that the state's restriction on gay marriage be ruled unconstitutional.

The couple filed the suit immediately after the Hillsborough County clerk's office followed the state law and refused to issue them a marriage license.

"I'm excited," Serrao said. "We are doing something instead of sitting at home complaining about not having any rights."

Clayton, a librarian, and Serrao, an electrician, said they did not want any special marriage rights, just the same rights heterosexual couples enjoy. Legally married couples can share in their spouses' Social Security, health and pension survivor benefits. They also receive some tax deductions not available to gay couples.

"We are here today because we are a family," Clayton said. "The fact that we are two women does not diminish our love."

Also listed as plaintiffs in the suit are Randall Smith and Cody Whitman, a gay couple from Tampa. They did not attend the news conference Monday.

The lawsuit coincides with a debate in the U.S. Senate over a proposed constitutional amendment to outlaw same-sex marriages. The proposed change would state, "Marriage in the United States shall consist only of the union of a man and a woman."

President George W. Bush supports the proposed amendment. He has said same-sex marriages would undermine the sanctity of the institution.

Robin Tyler, a co-founder of DontAmend.com, a group fighting the amendment, came to Tampa to support Clayton and Serrao. The national gay rights leader criticized Bush for playing to the religious right.

"He knows the amendment won't pass. We know the states will not accept it," she said. "He is only doing it to score political points."

Although polls show that most Americans oppose same-sex marriage, there is less support for amending the Constitution to ban it.

Tampa businessman Mark Bias was among about a half-dozen friends gathered near Kennedy Boulevard and Dale Mabry Highway to wave flags and anti-Bush signs during rush-hour traffic Monday afternoon. Bias has been with his gay partner for 27 years.

"In the eyes of Bush, we're second-class citizens," Bias said.

Some passing motorists honked in support. Others made obscene gestures. One woman yelled, "Jesus saves!"

Clayton and Serrao's lawyer, Ellis Rubin, also represents gay clients in similar suits in Broward, Palm Beach and Orange counties.

Nearly 30 years ago, Rubin represented singer Anita Bryant, who vigorously campaigned against antidiscrimination laws for gays. Rubin said Monday he has since changed his thinking. He is handling the recent lawsuits for free. He called it his "penance."

Based in Miami, Rubin has made a name for himself for his unique, though not always successful, defenses, including the "television intoxication defense." He also has been criticized for grandstanding.

Some gay rights groups have questioned his sincerity in filing the suits, wondering aloud whether now is a good time to attack the law. Rubin said Monday that the time has come for the law to change.

Rubin said he also plans to file a lawsuit on behalf of another Florida gay couple who recently married in Massachusetts, a state that allows gay marriage. The suit will ask a judge to require Florida to recognize the marriage, just as the state already recognizes heterosexual marriages performed in other states.

Times staff writer Sandra Amrhein contributed to this report. Graham Brink can be reached at 813 226-3365 or brink@sptimes.com

[Last modified July 12, 2004, 23:51:21]