Lesbian couple files lawsuit against Florida

The couple wishes for its Massachusetts marriage license to be recognized.
KNIGHT RIDDER NEWSPAPERS
TAMPA, Fla. -- The Rev. Nancy Wilson and Paula Schoenwether arrived at the federal courthouse in Tampa, a copy of their Massachusetts marriage license tucked in a red folder.
The Manatee County couple, with Atty. Ellis Rubin, filed a federal lawsuit Tuesday seeking nationwide recognition for gay or lesbian couples legally wed in any state. The lawsuit comes after the U.S. Senate voted down the Federal Marriage Amendment last week. The proposal fell 12 votes short of the 60 needed for passage.
In the suit filed Tuesday, Rubin contends that all states should recognize same-sex marriages the way they would a heterosexual couple's union. U.S. Attorney General John Ashcroft is one of the defendants named in the suit.
"Today, we went to have this marriage license recorded in Florida," Schoenwether said. Wilson and Schoenwether's request was denied. Under Florida statutes, the state recognizes only marriages between a man and a woman. Wilson and Schoenwether were married in Massachusetts earlier this month, where gay marriages are recognized.
Taking a stand
"This is a moment in history, this is a time when gay and lesbian people will no longer accept being second-class citizens in this country," Wilson said.
"Every state should recognize the acts and legal findings of other states," Rubin said.
This is the sixth lawsuit Rubin has taken pro bono on behalf of same-sex couples who want to marry, including a case filed July 12 at the Hillsborough County Courthouse.
The suit filed July 12 was on behalf of a lesbian couple who were denied marriage licenses in both Sarasota and Hillsborough counties.
"A journey of 1,000 miles starts with a single step, so let's take that step," Rubin said as he headed into the courthouse with Wilson and Schoenwether on Tuesday.
The step was almost thwarted by a technicality.
An employee in the clerk's office told Rubin he would have to return with the lawsuit on disk before the suit could officially be filed.
Wilson, Schoenwether and Rubin headed downstairs to tell their supporters that the suit would have to be filed another day.
"It's a little, minor glitch," Wilson said. "This was the real moment for us. This is making our intention known."
Turn for the better
As Wilson and Schoenwether prepared to leave, news came from inside that the clerk would let the case be filed.
Supporters cheered and the group hurried back up to the clerk's office. "I'm going home happy," Rubin said.
"So are we," Schoenwether agreed.
Supporters hugged and congratulated the couple as they emerged from the courthouse the second time.
"With the filing of this historic lawsuit today in the federal court, Florida has become a battleground," Rubin announced.
Ironically, 27 years ago, Rubin was on the other side of this very battleground.
"Luckily I lost that suit," Rubin said, referring to a 1977 suit in Miami where he fought against equal rights of gay couples.
"I saw the light. I made a terrible mistake. I was wrong," he said.