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One gay couple faces the post-Prop. 8 future

David Resendez and Jaime Pineda
When David Resendez, 45, and his husband, Jaime Pineda, 42, went to bed in their Rancho Dominguez home Tuesday night and saw the 3% difference between the Yes vote and the No on Prop. 8, they knew it was over.

"We are disappointed, but we kind of expected the outcome," Resendez said.

He and Pineda married June 17 at the Registrar-Recorder's Office in Norwalk after being a couple for 18 years. During the ceremony, they wore matching black outfits and rainbow scarves Pineda had knitted for them. Resendez, a train operator, reminisced about when they first met. "I was a bus operator and he was a passenger," Resendez said. "He got on my bus, and never got off of it. He's been with me ever since."

Resendez attributed the passing of Prop. 8 to the Yes side's expensive media campaign and commercials.

"The 'No on 8' commercials were weak in my opinion, they didn't really hit a punch," he said.

"We are right now in limbo," Resendez said. "I know of other couples that were wed prior to the election, what's going to happen, I don't know. I'm pretty sure it's going to be hashed out in the court system. The proposition didn't say this is going to be retroactive. Unfortunately, we're just gonna have to wait and see, it's going to be that type of game right now. Just wait and see."

"I'm a taxpayer, and organizations out there, if they want to ban marriage between same-sex couples, they have a blessing on that," Resendez said. "But if City Hall can perform a marriage and I'm paying taxes to run City Hall, then I should be able to get a marriage. My tax dollars support all government programs...Unfortunately, the Yes on 8 campaign made this--this isn't a religious issue. I can understand if they don't want to perform gay marriage, that's their religion. But, on the civil side, this is City Hall performing the marriages. We do pay our taxes and everything. We're not equal. We're not even close to being equal. My tax dollars are the same as my neighbors' tax dollars, and yet, they can be married at City Hall and I can't. That's my issue with the Constitution."

--Tami Abdollah

Photo: Resendez and Pineda wed in a June 17, 2008  ceremony at the Los Angeles Registrar-recorder/County Clerk's office in Norwalk.  Spencer Weiner/Los Angeles Times.

Comments () | Archives (9)

This isn't only an impact on the couples. It is very hard on our families as we try to chart a future without facing such destructive hurdles. I have been contemplating for hours how to write to my adult autistic son and apologize for this debacle... the letter will start, that while Americans are ready to bring the underground racism, that we all knew still existed in many forms but too often didn't discuss in polite company, into the light and take a giant leap forward in working through these issues, they are not yet quite ready to cast out the idea of discrimination and fear all together. It is a crutch on which we have leaned far too long and become far too comfortable with to cradle each others fragile identities of 'right and wrong'. To you, already painfully aware no doubt, I must deliver the bad news that you, a white male with ancestors stretching back to the Williams in Rhode Island before this country even laid claim to itself, are still to remain a second class American citizen. www.janepoordoe.blogspot.com

Jane Poordoe

At all levels, gays and lesbians should simply refuse to pay taxes or support businesses that fund those aspects of government and society that promote inequality and deny them their equal rights. If there are over 1100 federal benefits that are denied to them, then go on strike and refuse to fund these programs; SSI, pensions, immigration, a City Hall's marriage license bureau, to name a few. Refuse to cater to straight marriages by shunning cake making, dress making; boycott churches that promote inequality by picketing them, exposing them and their constituents. Insist on media coverage or boycott the products that any channel promotes. Out closeted gays who promote anti-gay legislation - you know who they are.

We all agree action is needed, but complacency seems to win over every time. Learn from previous civil rights movements and protest, act up and rally together. Learn from the religious folks and use their methods for organizing. Bond and protest!

Meanwhile, shame on California African Americans for their 70% disapproval of this civil right. You of all people who with help from the gay community for many years denies them the same equality so many fought so hard to obtain! How would you feel if we got a ballot measure to deny you rights granted by the Supreme Court? Scary eh?

I think all of my fellow LGBT Americnas are insane.

Do ANY of you have a serious problem with taxation without representation? Or do you really think you DESERVE this legal inequity?


One blog reader recently refered to me a "One Note Protest" (OK - points for cleverness), but at least I am able to control the power I DO have, my tax money, and keep it out of the hands of a society whose laws officially hate me. This is not to "amass a great resistance" (but it COULD happen); it is to live as a free man and not be a slave to unconstitutional taxation. You have every right to WAIT 20-30 years for the civil rights you deserve NOW, but don't expect every gay person to wait with you OR be tax compliant.

This is the second time that California voters have acted to define marriage as between a man and a woman. It is time that the opponents of traditional marriage respect the voters' decision.

The right to amend California's Constitution is not granted to the People, it is reserved by the People. The Supreme Court has repeatedly acknowledged the reserved power of the People to use the initiative process to amend the Constitution. For example, when the Rose Bird Court struck down the death penalty as a violation of fundamental state constitutional rights, the People disagreed, and in the exercise of their sovereign power reversed that interpretation of their Constitution through the initiative-amendment process. Even a liberal jurist who vehemently disagreed with the People's decision on the death penalty, Justice Stanley Mosk, nevertheless acknowledged the People's authority to decide the issue through the initiative-amendment process.

It should also be noted that the ACLU recently made this same "constitutional revision" claim in a nearly identical matter in Oregon and it was unanimously rejected. The claim was made under almost identical provisions of the Oregon State Constitution, against an almost identical voter constitutional amendment which read, "...only a marriage between one man and one woman shall be valid or legally recognized as a marriage." The Court of Appeals of Oregon unanimously rejected the ACLU's "revision" claim. (Martinez v. Kulongoski (May 21, 2008) - P.3d -, 220 Or.App. 142, 2008 WL2120516).

I'm sick of this. I'm leaving America. There are better places in the world without people so full of hate. I'll move to Canada or Europe. America just lost this college grad.

No, pleniad. Proponents of marriage for same-sex couples were closer this time than they were last time. Our time will come. CA's constitution is relatively easy to amend so expect some future developments, voter driven, that reflect a more educated and less fearful electorate in the future. Time and justice are on our side.

It is ridiculous to say we are "opponents" of traditional marriage!

The LGBT community respects marriage and values the rights, protections, and responsibilities it provides U.S. tax-payers. We also see how strong relationships and families build strong communities, and believe marriage is good for society in general. We also know of the financial strain that is placed on the welfare system when long-term relationships end (through death or divorce), and how this extra tax burden is 100% avoidable with marriage equality.

But until our FAMILIES have this same right, I will continue to encourage ALL LGBTI Americans to withhold ALL federal tax until EQUAL. No vote, and no donations are needed - we simply demand what we already deserve.

The AA's do not want to share the civil-rights pie with anyone, simple as that.

i personnally know david resendez and he is a sick person , chis a none convicted child molester , he has over 7 victims and they were brutal molestations , so him being ionvolve in this is the dummest thing i ever seen , his hidding in the gay community to hide from the vicious things he does , he does some weird stuff , everyone really needs to be careful with this guy his a animal that has gotten away from justice , this man is worse than most serial killers


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