The hidden story of how a gay immigrant started the nation's first battle over same-sex marriage - LGBTQ Nation
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The hidden story of how a gay immigrant started the nation's first battle over same-sex marriage - LGBTQ Nation
"During a 1971 Cinco De Mayo event at the Los Angeles gay bar The Closet, Richard Adams (a Filipino-American citizen) met Tony Sullivan (an Australian immigrant). The two began dating and fell in love. But because Sullivan entered the U.S. under a tourist visa, he wasn't legally allowed to stay long-term. So, in 1975, in Boulder, Colorado, the two men married. At the time, Boulder County Clerk Clela Rorex issued six same-sex marriage licenses with the local state attorney's understanding that, because the state's marriage law only specified "any two persons," it didn't explicitly forbid same-sex unions."
"State Attorney General J.D. MacFarlane soon ordered the practice to stop, saying the licenses were void because they lacked legal standing. However, no Colorado court at the time ruled that the marriages had violated state law. In fact, the couple's attorney, Lavi Soloway, pointed out that Colorado state law held that the formal opinion of a state attorney general does not carry the same force of law as the state's pre-existing statutes and would have no impact in a judicial proceeding. Sullivan petitioned the U.S. Immigration and Naturalization Service (INS) for permanent residency, a privilege afforded to the legally married spouses of U.S. citizens. However, INS refused to recognize his marriage license and denied his petition."
"You have failed to establish that a bona fide marital relationship can exist between two fa**ots. U.S. Immigration and Naturalization Services' November 24, 1975 letter to married gay couple Richard Adams and Tony Sullivan"
Richard Adams, a Filipino-American citizen, met Australian immigrant Tony Sullivan in 1971 and they formed a relationship. Sullivan entered the U.S. on a tourist visa and lacked legal authorization for long-term stay. In 1975 they married in Boulder after County Clerk Clela Rorex issued six same-sex marriage licenses under an interpretation of law specifying "any two persons." State Attorney General J.D. MacFarlane directed the practice to stop, though no Colorado court declared the marriages unlawful. The couple's attorney noted an attorney general's opinion did not supersede statutes. Sullivan's INS petition for residency was denied when INS refused to recognize the marriage, citing precedent and using derogatory language.
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