Gay,
lesbian couples try to overcome obstacles By Angie Buckley, Bismarck Tribune
February 8, 2004
Sara
Berger can't come up with any disadvantages to having two moms. One
is good at science and math, the other helps with English homework
and computers. Both give good advice about life as a 16-year-old.
Both would do anything for her.
"There's just more love,"
she said, blushing.
Although her biological mother is Vickie
Nixon, she considers Sherri Parsons, her mom's partner, to be her
mom too. Parsons was present for Berger's birth and hasn't missed a
moment since.
Not everyone in North Dakota, or the United
States for that matter, approves of Berger's two moms, or their
relationship. Statewide and nationally, more lesbian couples have
children than gay couples. Advocacy groups across the nation closely
watch discussions in capitols during the legislative season. Bob
Stenehjem, a state senator for Bismarck and majority leader, says
eventually, North Dakota will have to deal with issues ranging from
gay marriage to discrimination but may hold out a little longer than
others.
"People in North Dakota aren't ready to recognize
marriage as being anything other than a union between a male and a
female. Will that change? It may very well, but I don't think that's
where it's at today," he said.
'Life is a journey'
Parsons and Nixon have been together about 16 years but say
they're still honeymooning. Nixon wanted to do something special for
Parsons' 47th birthday last summer, so she suggested a trip to
Canada. Although they'd intended a quick trip to Winnipeg, they
returned to the U.S. united in marriage.
The two considered
a commitment ceremony for about five years, but Nixon didn't think
it was necessary.
"We already had the commitment, and I
thought the ceremony would negate all the years we were together
before," she said.
But when the provinces of British
Columbia and Ontario legalized marriage for gay and lesbian couples,
they decided to make the birthday trip a wedding trip.
Ontario's rules were too prohibitive. In addition to
retaining a lawyer to verify divorces -- there are three between
Parsons and Nixon -- the government must review and approve the
marriage, which can take up to six weeks. But instead of giving up,
Nixon and Parsons looked west. Where a small piece of British
Columbia borders Montana, they picked the first town on the map,
Fernie, as their wedding site.
Parsons called the city to
find out what they'd need to do to plan the wedding. She e-mailed
the city's two marriage commissioners at noon and by 3 p.m. had a
yes from one, who also said she'd bring a witness, and they could
use her yard for the ceremony. That was just the beginning of the
hospitality they found in Fernie.
Berger decided to join her
moms when they decided to get married. They rafted the Elk River,
stayed in a bed and breakfast, got wedding gifts from its owners and
discounts at stores when the owners found out their reason for
visiting Fernie.
The trio wasn't surprised that most British
Columbians couldn't understand why their marriage would cause an
uproar in the States. But the "cool" factor of seeing her moms marry
was marred for Berger.
"In a way it made me a little angry"
that people in Fernie were so understanding "because we don't even
know any of these people and yet they can accept us better than our
state or country?" she said.
Unfortunately, Parsons and
Nixon have grown used to the challenges that accompany their
marriage, and family, even though they don't like it and continue to
fight against it. Their marriage isn't legal at home, and emotions
heighten and voices shake, and the frustration is palpable as they
discuss fighting what they consider discrimination from the
government. But the little things -- the stares they encounter when
holding hands in the mall, the special request Nixon had to make to
get a day off from work for Parsons' recent knee surgery, the
dollars and hours they've invested to cover legal aspects such as
parenting agreements, wills and power of attorney -- are what
continually flog them and, sometimes, exhaust them.
Current
"godmothers" of the local gay community, Parsons and Nixon
approached the Mandan Community Center about receiving a family
membership in 2002. Although they were this-close to changing the
policy, Parsons says, with her fingers pressed against each other,
the center's advisory board nixed the idea.
Versus
the system
Another Mandan couple, Tammy and Jen Shaff,
requested a family membership from the Community Center more
recently. They, too, were denied. Cole Higlin, the Community
Center's director, says it seems like every year it comes up.
The Shaffs say they were angry that they would have had to
provide a marriage certificate to get the family membership.
Although they legally share the same last name, Higlin says any time
people with different last names apply for family memberships, the
center requires documented proof.
"We address it case by
case," he said.
For now, the Shaffs have bigger issues on
their plate. Tammy Shaff is currently on disability and not working,
and they're preparing for Tammy Shaff's adoption of 18-month-old
Emmalee. But Jen Schaff says recognizing their family for a group
membership is not an issue that will go away for the Community
Center, or the gay and lesbian community.
"I plan on being
here for life and hope the kids will stay, so why not be a part of
the community? It's like the 'Telltale Heart' -- I can hear it
beating 'you can't come here' and some days I want to fight until
the death, but other times it's not even worth the breath," Jen
Shaff says.
And because North Dakota laws are in opposition
to Jen Shaff's mission, it may not be worth the breath. Sexual
preference or orientation are not protected categories under North
Dakota's anti-discrimination laws, although Mark Bachmeier, director
of the Department of Labor, says there's been "suggestions that
people feel strongly it ought to be." Most states don't provide
protection, nor do most federal laws. Because of the exclusion of
gays and lesbians, there's no legal basis for the state's Department
of Human Rights to take on complaints.
Berger testified
before North Dakota legislators during the 2001 session in support
of a safe schools bill that said "people with a certain skin color
or sexuality shouldn't be picked on, and people who did would face
consequences," she explains. She said most legislators were left
"speechless, because they hadn't thought about it from someone my
age's perspective."
The safe schools bill didn't pass, but
that doesn't surprise Bob Uebel, who co-chairs Equality North Dakota
with Parsons. The group advocates "full equal rights" for North
Dakota's gay, lesbian, transgendered and bisexual community.
Although Linda Christenson, a Democratic senator from Grand Forks
now living in Minnesota, sponsored the bill, Equality North Dakota
worked to push it through.
Another bill that Uebel says
directly impacted his group's mission allowed adoption agencies the
right to deny applicants their services if it would compromise
religious convictions. Jerry Klein, a Fessenden Republican senator,
proposed the bill on behalf of the North Dakota Catholic Conference.
He said he never anticipated it would perceived as "anti-gay."
"It went way beyond what turned out to me to be a surprise
that gays and lesbians thought it was a knock to them. It was just
to protect religious organizations, that because of convictions,
they wouldn't be forced to place a child in a home that was against
their religious principles," he said.
Dealing with issues
affecting gays and lesbians isn't entirely new to the Legislature.
In 1997, with help from North Dakota's Family Alliance, the Defense
of Marriage Act passed, defining marriage as a union between a man
and woman. Thirty-seven other states have the law as well. Christina
Kindel, director of NDFA, said the act upholds "what marriage always
has been and is, for the sake of our families, children and health
of our communities and state."
Family is certainly valued in
North Dakota. Paul Zipfel, bishop of Bismarck's Catholic diocese,
goes so far as to say family is the core of society. Who or what a
family is is often not debatable for the church. Zipfel says
families can stem only from a union of a man and wife. Although the
Shaffs, Nixon and Parsons and others may view themselves as family,
he says, that doesn't mean they are.
"It may make them feel
good, but feeling good about it doesn't make it right," he said.
Lola Huwe, founder of the Central Dakota chapter of Parents
and Friends of Lesbians and Gays, is frustrated by narrow
definitions of family. In 1989, daughter Ella announced she was a
lesbian. At first, Huwe was saddened there'd be no grandchildren
running around the house. While Huwe may not have biological
grandchildren from her daughter, the family that has resulted is no
small reward.
In addition to the foster children and adopted
child Huwe's daughter has brought to the family, PFLAG members have
provided a new pool of people to love. She's known as "Mama Lola" to
much of the local gay and lesbian community, people who have told
her they wish their own parents accepted them as she does. When
former area PFLAG members approach her at Minneapolis' PRIDE parade
for a hug, she's reminded of why she continues to speak out.
"We're working for a time when everyone is treated equal, I
hope for a time when everyone is treated with respect. People are
afraid, of what I don't know."
Real fear
For
Valerie Damron, her biggest fear in life was losing her daughters.
Divorced since 2001 and living with partner Ann Elliott in Minot
since then, Damron won a North Dakota Supreme Court decision late
last year that allowed her to retain custody of her girls, 10 and 4.
The ruling reversed a 1981 case, Jacobson v. Jacobson, that revoked
custody from a Bismarck lesbian because "the slings and arrows of a
disapproving society" would be too much for her two children to
handle.
During the legal battle, Elliott was investigated by
the Air Force and received an honorable discharge. Damron also
feared losing her job. Damron said she was sure she would lose her
kids, and the couple prepared for the worst case scenario. They
discussed moving, and Elliott said if the court required, she'd
leave and return when the girls turned 18.
"I cried a lot. I
was very stressed and angry, mostly because I'm a good mom and
teacher and person and that someone could take my kids away just
because of who I live with?" Damron said.
Damron has come to
realize the significance of the case as time has passed, but the
impact the decision could have for gay parents isn't the most
important thing to her.
"I just wanted to keep my girls,"
she said.
New name
Parsons and Nixon are
working on a name change -- they'd like to be the Paxons, a blending
of who they are. They are many things, they say. Mothers, citizens,
churchgoers and, some days, crusaders. But they are, first and
foremost, a family.
"She's the brains," Nixon says in
reference to Parsons. "She's fearless," she says later.
Parsons concurs, but adds that Nixon has just as much
brains, is just as fearless. That's who they are separately, but
together, they're "the dynamic duo," Nixon jokes.
As a duo,
they say they believe they're called to raise awareness about their
community, educate others and encourage acceptance. And every time
they do those things, they're empowered. Sometimes an overused word,
Parsons says, but here it fits.
"We try harder to go the
extra step," they say, to prove to the world they're an "asset to
the community."
And even though they realize not everyone
will think that, they can't cease their mission. Because what's the
most empowering thing?