As part of this week’s Marriage Equality demonstration, two lesbians, identified as Theresa and Sherri, saddled up to the Pima County Clerk of the Court’s Office in Arizona asking for a marriage license–and to everyone’s surprise, they got it. The two women did not change the pre-printed application’s “male/female” gender boxes, though the couple maintain that they were both clearly women. Superior Court Clerk Patti Noland says she doesn’t ask clerks to verify gender. She says she regards the couple’s application as a fraud.
However, Marriage Equality USA consulted “a local family lawyer who says that the license application in Pima County is not legal as the statute does not require someone to swear to their sex. Therefore, the license should be valid because the form exceeds the statute laying out how the form should be worded.”
We’re dubious the marriage will actually stand, though Sherri and Theresa have apparently rejected the characterization of their marriage as fraud, saying that everything they printed on the form was true. Still you can help watching the confused excitement that ensued outside the Pima County Courthouse yesterday after demonstrators learned that a marriage license had been issued without feeling a sense of the daily injustice that Arizona’s gay marriage band places on LGBT people. We look forward to the day when two loving, committed people can go to the Pima County Courthouse and get a marriage license without setting off furious calls to lawyers and bewilderment and shock.