SAN FRANCISCO – Couple after couple received homegrown yellow tulips, the
genuine giddiness of friends and official marriage licenses from the state of
California over the weekend in San Francisco’s City Hall, embracing a sense of
history after the US Supreme Court renewed the right to marry a member of the
same sex in the Golden State.
In a dramatically written decision, the
Supreme Court struck down the Defense of Marriage Act as unconstitutional last
week, demanding that federal benefits be extended to gay couples in states where
their marriages are recognized.
The top court also overturned
California’s Proposition 8 – which took away the previously granted right of
gays to marry in the state by popular referendum in 2008 – on a technicality,
finding that the representatives of the case did not have standing to appeal to
their chamber and thus defaulting to the position of a lower court.
technical grounds for the ruling were sufficient for the tens of thousands of
people who poured in to San Francisco this weekend to rejoice, replacing the
city’s famous fog on an exceptionally bright Sunday marking an historic Pride
Yet while celebrations colored the city streets, officials are
still parsing the extent of the ruling’s reach.
Although weddings have
resumed in California, a state with a population of more than 33 million, 38
states still do not allow or explicitly ban gay marriage.
And while DOMA
has been struck down, the rights of those in states with marriage equality do
not necessarily extend across state lines.
The politics of those lines
will continue to occupy legislators who originally used them to justify DOMA in
the first place. But among leaders in the international community, there is a
different concern: whether gay foreign nationals will be able to acquire
American citizenship through marriage.
In San Francisco, Israel’s consul-
general for the Pacific Northwest Andy David held a meeting with his staff last
week to address that issue in the wake of the Supreme Court’s
“It’s too early to tell confidently, because of reservations on
immigration reform,” David told The Jerusalem Post
And yet, without
hesitation, Secretary of Homeland Security Janet Napolitano stated last week
that DOMA’s fall means that married couples, regardless of orientation, must be
treated equally within the immigration system. Foreign nationals in same-sex
marriages, who previously feared deportation and forced separation from their
partners, are already being told that they may now stay in the United States
legally and permanently.
On Monday, a Bulgarian student became the first
man in the US to have his green card petition approved due to his marriage to an
American man since the Supreme Court struck down DOMA.
Traian Popov, 41,
who has a student visa, married Julian Marsh, 55, in New York last year because
Florida, where they live, did not recognize same-sex marriage.
gay couples don’t often approach the Israeli mission until after they get
married, or decide to register a child with the country. But especially in the
state of California, and with such a large population of Israelis in Palo Alto,
his office expects a significant spike in notifications and
“And if the US gives a marriage license to a gay couple, Israel
will recognize it,” David noted. Israel currently does not grant marriage
licenses to same-sex couples.
Congressmen in Washington hoped the DOMA
decision would clarify the key disagreement on immigration reform, which still
faces an uphill battle in the Republican-controlled House of
The Obama administration was keen on recognizing gay
rights in the law and delayed the vote in part expecting the Supreme Court to
end the debate for them.
At San Francisco’s Pride Parade, in the city’s
central square where the event met its climax, an Israeli flag was recast in
rainbow above one of two booths devoted to Israel – one of few countries with a
distinct presence at the event.
One booth advertised Tel Aviv as “free
and fabulous,” with a green photo screen that brought visitors to its famous
Members of Rabbi Lawrence Raphael’s Sherith Israel congregation
participated in the parade. Raphael told the Post
he spoke to them about
Proposition 8 this weekend, and that he planned on officiating at same-sex
“I’m aware of the fact that I have congregants with family
members who are gay, who have had to go to Vermont or New York to get married,”
Yet for veterans of this city, the pace of progress has
been slow. Better than most, they understand the reservations imbedded in the
At the Edge in the Castro district of San Francisco,
Bob Lanning, a 71-year-old Native American from the state of Washington and a US
Army veteran, drank with his friends as if it were any other day. One of his
white-haired friends was covered in tattoos and wearing a kilt. The entire crew
was older, retired, sporting Hawaiian shirts, beards and beads.
who has been with his partner, a former NASA employee, for 42 years – stated
that the incremental approach he sees in Proposition 8 requires
“We knew it wouldn’t be everything all at once,” he said.
“There’s still a lot to do.”
Jerusalem Post Annual Conference. Buy it now, Special offer. Come meet Israel's top leaders