Deputy sheriff wed partner last month
By Helen Gao
UNION-TRIBUNE STAFF WRITER
March 24, 2004
K.C. ALFRED / Union-Tribune
Barbara Herrera (left) and Sarah Hubbard, a San Diego County deputy sheriff, were married last month in San Francisco. The county doesn't recognize the marriage.
ENCINITAS "“ Sarah Hubbard, 39, and Barbara Herrera, 42, have built a good life in the 18 years they have been together. They've raised four kids, bought a house and built a business.
They see themselves as a happy ordinary American family with an annual pass to Disneyland.
But there is still one thing missing in the life of Hubbard, a deputy sheriff for San Diego County, and Herrera, a midwife.
The Santee couple, who obtained their marriage license in San Francisco in February, wants the county to recognize them as married and afford them the same benefits as heterosexual married couples.
The county has refused, saying that same-sex marriages are not recognized by California law and, therefore, their marriage license doesn't entitle them to the same benefits. Hubbard is the first to be turned down by the county.
The California Supreme Court is scheduled to rule on the legality of same-sex marriages this year. Pending a court decision, Hubbard said her marriage license remains valid, and as such, the county should honor it.
"I expect the county to uphold this state document," said Hubbard, a former mechanic in the Army who became a deputy sheriff 8½ years ago.
In an interview alongside her partner at their holistic health-care business in Encinitas, Hubbard spoke of same-sex marriage as a civil rights issue in the tradition of women fighting for the right to vote and slaves fighting for freedom.
"All we want are the same human rights everyone else is afforded. They are afforded the protections and privileges of marriage," Hubbard said.
County Counsel John Sansone said state law prevents the county from recognizing same-sex marriages. State law explicitly describes marriage as "a personal relation arising out of a civil contract between a man and woman."
"It's invalid in its face notwithstanding what the city of San Francisco did," Sansone said. "It's the courts that determine constitutionality, not the mayor of San Francisco. As far as we are concerned, the state law is what it is."
Sansone said the county will continue to follow the state definition of marriage until the Supreme Court rules otherwise.
Joining thousands of gay and lesbian couples across the country, Hubbard and Herrera got married at San Francisco City Hall on Feb. 16, after waiting in long lines in the rain for eight hours.
"It's such a privilege to say we are married after a lifetime of work, raising kids, owning property and a business," said Herrera, who runs Ama Mama Birth, Babies & Beyond Inc.
Shortly after their marriage, Hubbard applied for benefits as a married couple. The county initially granted her application, but on Monday, after a local television station, NBC 7/39, reported on Hubbard's marriage, the county revoked her application, saying the approval was an "administrative error."
Carlos Arauz, director of human resources for the county, said someone in his department overlooked the fact that it was a same-sex marriage.
Under the county's labor agreements, Hubbard, her partner and their children are still entitled to receive domestic partnership benefits. Those benefits, however, are not equal to what is provided to married couples. County officials said the difference is due to the Internal Revenue Service not recognizing same-sex partners as eligible dependents.
When Hubbard pays the premiums for health, dental and vision benefits for her partner and her partner's daughter, the money is taken out of her paycheck after taxes. For married couples, the deductions are made pre-tax. Otherwise, both heterosexual and homosexual couples enjoy the same health care.
Under domestic partnership status, Hubbard also cannot make pre-tax contributions to a flexible health care spending account or a dependent day-care account for her partner.
There are 1,138 federal provisions and several hundred state provisions where marriage is a factor in determining benefits, rights and responsibilities, according to an analysis of government regulations.
For example, Hubbard said, if she were injured in the line of duty and incapacitated, Herrera would not have the spousal right to make medical decisions for her without her first granting her partner power of attorney.
"Domestic partnership doesn't do it," said Hubbard. "It's not equality by any stretch of the imagination."
CA can't even agree w/itself - just the tip of what's to come. What happens this issue crosses state lines?
The thing is they have exactly the same rights as everyone else in this country. If they want to get married, do so, to a person of legal age and of the opposite sex. That is the same rights I have. That is the definition of marrage in this context and that is the way it is intended in the Constitution. To propagate, multiple and increase the human wealth of this nation. Anything else is a twist of the facts and intent. There is no way that our forefather wanted men to be sodomizing each other and woman preforming oral sex on each other with the blessing and aproval of the state.
As far as this wussey out " Domestic partnership" BS, that is for people who have caved into PS pressure.
Homosexual partnerships are wrong, period. No if and or buts about it.
Anyone who is agianst homosexual marrigaes but for same sex partnerships is a sell out. They can not or will not take a stand on an issue and are afriad to stand up and fight the fight. Sad. The lack the intestinal and moral fortitude to stand up agianst PC BS.
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Now you have to picture a combination of PeeWEE Herman and Wally Cox but with less muscle tone, trying to be intimidating None of this is funny! Message edited by Cougar Mag -- 1/7/2005 1:16:42 AM >/b]
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Now you have to picture a combination of PeeWEE Herman and Wally Cox but with less muscle tone, trying to be intimidating None of this is funny! Message edited by Cougar Mag -- 1/7/2005 1:16:42 AM >/b]
And the Plot Thickens
