KMPH Fox 26 Central San Joaquin Valley News Source in Fresno, California Entertainment, News, Sports and Weather | ACLU Files Lawsuit Challenging Prop 8

ACLU Files Lawsuit Challenging Prop 8

By: Norma Yuriar and Kyra Jenkins

Same-sex couples married in California before Tuesday's election are still considered legally married, but that's where it stops.

Fresno County Clerk Victor Salazar said his office would no longer perform ceremonies between gay couples.  The decision comes one day after California voters passed Proposition 8, a measure prohibiting same-sex marriage.

However, the controversy is far from over, as of Wednesday a No on Prop 8 sign still sat outside one home in Fresno.

"I shouldn't have to worry about my husband in the hospital or my children and their benefits," said Aaron Olson.

Olson said he is fighting to guarantee his family the same privileges that come with any other marriage.  In fact, advocates say there are more than 100 different benefits married couples get which same-sex couples do not.

"We shouldn't have to go to an attorney and spend thousands of dollars to guarantee those rights to AJ or to my children, when they are automatically passed down to me by a marriage certificate."

Olson has married his partner on three separate occasions, including this past summer in Fresno County. "We think the 3rd time is the charm and regardless of Prop 8, we're going to stay married," said AJ Kruth.

Michael Butler and John Tipton were also married in Santa Cruz this year after the state Supreme Court made a ruling legalizing gay marriage.

On Tuesday, the passage of Prop 8 overturned that decision and now Butler and Tipton say their matrimony is in limbo.

"How can these people tell me that possibly my marriage will no longer be valid?" said Tipton.

Tipton and Butler own a flower shop in Fresno's Tower District.  They worry the Domestic Partnership Act doesn't go far enough.

"We've been together for 16 years, If I'm in the hospital he should automatically get visitation rights," said Tipton. 

The couple says they are supporting new legal action to overturn the ban on same-sex marriage.  "Prop 8 has passed but there are things going through the courts now.  We will see how it all washes out.  I think in the long run this is a temporary setback and we will have marriage for everyone eventually," said Butler.

The ACLU, Lambda Legal, and the National Center for Lesbian Rights filed a petition before the California Supreme Court urging the court to invalidate Proposition 8.  The lawsuit was filed on behalf of Equality California and 6 same-sex couples who did not marry before Tuesday's Election but would like to able to marry now.

The California Attorney General says the state will continue to honor the marriages of the 18,000 lesbian and gay couples who have already married in California.