Ballard couple mourn marital loss

By Lornet Turnbull
Seattle Times staff reporter

THOMAS JAMES HURST / THE TIMES Ken Molsberry, right, and Chris Vincent, who were married in San Francisco nearly six months ago, react to news that their marriage was not valid.

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But instead of celebrating the occasion, the Ballard couple are tempted to stamp the word "void" across their San Francisco-issued marriage license.

Yesterday, Molsberry's voice cracked as he talked about the California Supreme Court ruling that nullified his 177-day marriage to Vincent.

"They've now taken our marriage from us. It seems unconscionable," the 42-year-old said.

Molsberry said he and Vincent knew from the start that what the court did yesterday was possible. But "we also knew that even if we were only married for a few minutes, it would be worth it," he said. "We've had six months of marital bliss."

His anguish over the court's decision is likely felt by nearly 4,000 other same-sex couples granted marriage licenses by the city of San Francisco during a one-month window earlier this year.

The California Supreme Court yesterday ruled unanimously that Mayor Gavin Newsom overstepped his authority when he ordered city clerks to issue the licenses. In a 5-2 decision, the high court also invalidated the same-sex marriages sanctioned by the city.

In Seattle last week, King County Superior Court Judge William Downing declared unconstitutional a Washington statute that bars same-sex marriage; at the same time, Missouri voters overwhelmingly approved a constitutional ban on such marriages.

Joseph Fuiten, president of the Bothell-based Washington Evangelicals for Responsible Government and pastor of the Cedar Park Assembly of God in Bothell, a staunch opponent of same-sex marriage, said yesterday's ruling in California is as it should be.

Couples like Vincent and Molsberry, he said, should have known their unions weren't legitimate from the start. "An illegal action cannot result in a legal action," he said.

While the ruling against Newsom didn't surprise many same-sex-marriage advocates, most hadn't thought the justices would void the marriages, because the same court will ultimately rule on the constitutionality of gay marriage in California.
 
"They [the justices] were asked to [void the marriages], but they could have declined to answer the question. Justices usually try to decide as narrowly as they can," said Lisa Stone, executive director of the Northwest Women's Law Center, which along with Lambda Legal sued King County on behalf of eight gay couples denied marriage licenses here.

Stone said the Oregon Supreme Court will consider a similar question. Officials in Multnomah County issued more than 3,000 marriage licenses in March before a judge ordered them to stop.

Molsberry said he and Vincent, together 11 years, had carefully weighed their decision to go to San Francisco to wed. They knew the city might well end the practice before they could obtain a license, and they knew the courts could nullify the marriage before the ink was dry.

That didn't lessen yesterday's hurt. They talked about being "forcibly divorced." Vincent, 45, made references to his ex-husband.

Friends, co-workers and family members had two reactions, Vincent said.

"There's been either complete aloofness, where they're not even aware of how it's affecting us, or extreme concern," he said.

Lornet Turnbull: 206-464-2420 or lturnbull@seattletimes.com