Original subtitles

(INDISTINCT CONVERSATION)

REPORTER 1: Do you have any last minute comments before you go in, sir?

REPORTER 2: What are you planning to do in court today?

We're asking the court to

order the Immigration and Naturalization Service

to recognize the validity of the marriage

between Tony Sullivan and Richard Adams.

Tony is an Australian citizen,

and he is seeking, uh, through Richard

to be permitted to stay in this country on a permanent basis

as the spouse of an American citizen.

REPORTER 3: Has there been a case like this before or

is this a precedent setting case?

Uh, there's never been a case involving whether or not

gay men or women have the right to marry one another

brought in the federal courts. This is the first one.

I'm not going to be separated from Richard unless he decided

he did not want to be with me. And it's the same,

you know, both ways.

We've gotten closer and closer as the years have passed by.

It's an amazing,

incredibly intimate feeling, and it's grown.

(UTENSILS BANGING)

RICHARD: There I go. TONY: Take the chicken out of the box.

RICHARD: Why not? TONY: I think it looks so good.

Where is the champagne?

I thought I brought it in, maybe it was in the fridge outside.

Oh, probably, probably.

Okay.

(POP)

All right.

Well, mon cheri, bon anniversary...

40 years! 40 years. Oh!

Cuarenta,yes.

Now come and kissy, poo. Mmm! Mmm!

Yes, thank you.

Isn't it wonderful? Yeah.

Well, Rich, life turned out different to what both of us expected.

Very different,

and yet you know I had a dream about this whole thing

way back in the '70s.

People told us that we had a pipe dream,

but we got every country in the world almost discussing

the gay immigration issue and the same-sex marriage issue.

Two issues that were not being discussed when we started.

We were dreamers... Hmm.

But we still believed that love will triumph.

Yeah. And change the world.

(LAUGHS) Yeah.

Mmm.

LAVI SOLOWAY: We're blessed today that we have with us

Tony and Richard

who just celebrated their 40th anniversary together.

Two people that I consider truly pioneers.

They took on a fight

when they met 40 years ago here in Los Angeles

that was not a fight that anybody could have imagined.

They laid the foundation to have

marriage recognized by the federal governments.

So, thanks to Tony and Richard.

(APPLAUSE)

I'm in a bi-national same-sex relationship,

and my partner last month

was denied reentry into the United States. Oh, no.

I went back to Italy to meet his family,

and on our return back through Washington D.C,

they found out we were a couple,

and for that reason, they would not renew his visa.

It's devastating when you have what has happened to you.

I mean, the whole bottom drops out of everything.

It's like, "What?"

There's 36,000 Americans that are facing this right now.

You know, I've waited all my life for this person. Yeah.

And when you find them and you realize

you're a second-class citizen.

There's no nice way of saying that.

DAVID ROSS: Okay, one, two three.

(CAMERA SHUTTER CLICKS)

So what we're doing is, we're gonna try and document

as many bi-national same-sex couples as we can in America.

And then the idea is to blur out

the face of the person who's from the other country.

'Cause a lot of times,

they're very rarely in the relationship

psychologically, physically or otherwise.

We're lucky we've lasted.

Yeah. But, I think it's 'cause we're each other's

best friends, that's why it lasts.

You know, I'm still waiting to find my best friend. (ALL LAUGH)

Do you want to have your picture taken? Okay, we'll have one.

Well, that's white.

Strange illusion, isn't it? Yeah.

Oh, are you okay? Yeah.

That's right, that's right.

Ready? One, two three.

(CAMERA SHUTTER CLICKS)

RICHARD: Tony and I met on Cinco de Mayo in 1971.

I was 24, living in LA.

TONY: And I was 29.

I was on an around the world trip from Australia.

I had a non-immigrant visa.

I had no intention of staying here,

and had no intention of falling in love.

RICHARD: We met in a bar called The Closet.

TONY: This bar had a big leather curtain

that you came through,

and he came through in the afternoon,

and the blazing light was behind him.

And then you know, my heart gave a leap.

RICHARD: We got talking and before you know it

we were setting a date the next day,

going to Greta Garbo's star on Hollywood Boulevard.

So...(LAUGHS)

TONY: We found we had things in common.

RICHARD: We were both very idealistic at that time.

The feminist movement started,

the gay movement was just starting.

TONY: I felt that there was an artistic soul in Richard,

and on top of that, he was drop dead gorgeous.

TONY: So was he.(LAUGHS)

CATHY ADAMS: My brother and Tony are opposites.

It's like salt pepper, yin and yang, oil water.

My brother's quiet

and easy-going.

Tony is boisterous.

He reminded us of Robert Redford.

I always thought he was too smart. (CHUCKLES)

When Richard brought Tony to our house,

I was 10.

While we were growing up,

they took us everywhere, did everything with us.

Right off the bat, we all as siblings accepted Tony.

TONY: I never expected really to have a family

in the context of being a gay person.

I did not have a happy life before knowing Richard,

so this was the first place in the world I had been happy.

TONY: I grew up privileged in the '40s,

but it was a very, very abusive home situation.

I mean, my mother even at one stage

was even going to have me lobotomized

because I was gay.

And thank God, my father stopped her.

I was very difficult

and Richard nurtured and cared for me

in a way that no one else in my whole life

had done for me.

(SIRENS BLARING)

RICHARD: I was aware of his immigration status because

Tony had a multiple-entry visa.

(HELICOPTER WHIRRING)

TONY: I would go to Mexico and cross the border

and take my passport and get it re-stamped

every three months.

When you keep getting stamps in your passport regularly,

you're obviously going in and out of the country

in order to extend your stay.

We were bending the rules.

Crossing the border, there was always the chance

that the immigration official would say,

"We know what you're doing", and separating us then.

LAVI: When Tony and Richard met in the early 1970s

as citizens of two different countries,

there was no country in the world

that provided for immigration for same-sex couples.

There was no country in the world that was discussing

immigration rights for same-sex couples.

And they had no country to go to.

The United States had a long list of undesirable people,

and gay and lesbian people were considered sexual deviants.

(WHEELS SCREECHING)

LAVI: Quite literally, a gay or lesbian person

could arrive at an airport in the United States

and their sexual orientation might be something

that could become known to a customs or immigration official.

That person would have the power to turn them around

and send them on a plane back to where they came from.

RICHARD: We had this gray cloud over us.

It was very difficult because Tony didn't want to get closer

in case a separation would occur.

So we had to start thinking of a way to stay together, uh...

He wasn't a student.

And there's no way that two men can stay together.

Any heterosexual couple in the exact same situation

would simply fill out a form,

attach to it their marriage certificate,

and eventually they would go through an interview

and get a green card.

TONY: We realized that the only thing that was stopping us

from being able to remain together was the fact that

we were two men and couldn't get married.

And then out of the blue, out of nowhere

we saw the most incredible news.

CLELA ROREX: In 1975, a gay couple came to me

and they asked for a marriage license.

At the time, I didn't even know any gay couples.

I was being faced

with a very

profound type of moral issue

of would I discriminate against two people of the same sex

when I had been so

involved for the last few years of my life

of fighting discrimination against women?

I thought I would have to get a legal opinion on it

from our District Attorney

and they determined that there was nothing in

the Colorado Marriage Code that would prohibit me

from issuing a marriage license

to two people of the same sex if I wanted to do so.

And at that point, I gave

the first same-sex marriage license.

JOHNNY CARSON: Now, you'll think I'm making this up.

But in Boulder, Colorado today

a man was really steamed

because they have had some marriages back there

of people of the same sex.

And they performed you know, uh, gay marriages.

And he was so angry they did that, he went in and applied

for a license to marry his horse.

(AUDIENCE LAUGHING)

Now, you can make up your own jokes, or...

(LOUD LAUGHTER)

CLELA: He came to the Office of County Clerk and Recorder,

and he had a line all prepared.

"If a man can marry man, and a woman can marry woman,

"why can't a tired old cowboy like me marry his best friend Dolly?"

And I asked the age of Dolly.

And he said, "Eight years old."

And at that point, I just simply laid down my pen

and said, "I'm sorry.

"Dolly is under age."

TONY: Richard and I figured, well,

they've allowed it to go on for a month,

Johnny Carson has talked about it so we know

the government can't claim ignorance.

Therefore this must be valid.

And so, we then flew to Boulder to get married.

RICHARD: I remember our wedding day

in Colorado very well.

Took our friends, our ministers,

flew to Boulder, and it was very exciting.

The press picked up on it and

it was really quite chaotic.

TONY: We were very sort of conscious

that if we weren't careful, it'd be a three ring circus,

which we didn't want.

We got the license in the morning,

and immediately got married.

Took the license straight back into the office,

and it was registered.

To this day, it is on the official records

of the state of Colorado.

Because I had been told by the Immigration Department

that a marriage had to be consummated

before it was legal in the United States,

we then immediately went back

to the house where we were staying.

And in a guest room, on a big round bed,

we consummated the marriage.

I said to Richard,

"Ah, that's the shot that was heard around the world."

(LAUGHING)

When we held the press conference,

we then announced that the marriage now

was fully legal because it had been consummated.

The love I had for him at that, that moment, I...

I hope everyone has a chance to feel that in life.

I was very naive about the degree

of animosity that emerged.

People from all over the country wrote letters about

how could I make a decision supporting two fags?

And the pressure was unrelenting.

Even my good democratic friends were quite furious

that I'd brought up such an issue.

J.D. MACFARLANE: The Colorado Marriage Statute

does not recognize

a marriage between

a man and a man, or a woman and a woman.

It only recognizes a marriage between a man and a woman.

CLELA: The six marriage licenses that I had issued

really went into a state of limbo

after the Attorney General made his opinion.

There was never an order issued that they were invalid,

and I believe that the marriage licenses

should be viewed as valid under the law.

TONY: After we got married in Boulder, Colorado,

we flew back to Los Angeles.

Richard worked for Avis Rent-A-Car,

a company he had worked with for years.

But I wasn't allowed to work without a proper visa.

I did work for a short time

at a gay bathhouse.

Got paid under the table.

I also would make ceramics,

and go around the art fairs

and that contributed to our income.

But Richard basically carried us at that point in time.

RICHARD: My life changed overnight when we got married.

All of a sudden,

everyone looked at me differently.

Especially because of the publicity it had gotten.

My job where I worked over 10 years,

they harassed me and I was terminated.

I had to fight for my job back.

My mother said, "I don't believe in

"what you're doing, but I still love you."

I came here from the Philippines

when I was 12 years old.

I became a US citizen when I turned 21,

and some of my Filipino aunts and uncles

had a very difficult time with our relationship.

After we got married,

my mother wrote me a missive

which began with the words,

"I can endure no more."

She said, "Perversion is bad enough,

"but public display never."

And then she signed the letter,

"It is finished."

And she never did write to me again, and I was disinherited.

(SOBS)

RICHARD: When we got married,

the very first thing I did do was to apply for Tony

to have a green card as a spouse of an American citizen.

That way we could stay together.

TONY: When I opened the letter,

I handed it to the postman,

and I said, "Excuse me, have I read that correctly?"

And he looked at it, and sort of reacted,

and obviously was quite shocked.

And then I just handed it over to Richard, and said, "It's your government."

That was appalling.

The decision was turned down because,

"You have failed to establish

"that a bona fide marital relationship

"can exist between two faggots."

It was inconceivable to me.

I had never thought of anyone in government ever using

the word fag or a poof or a queer

or any of those words.

I, I just thought, uh, government had more dignity than that.

LAVI: The Immigration Service recognized that that was inappropriate language

and also an inappropriate basis for denial.

And they followed up quickly with a just as offensive denial letter.

TONY: In denying Richard's petition,

they were in effect denying me a green card.

That would result in me having to leave the country.

PROTESTORS: (CHANTING) Justice! Justice!

Gay power!

TONY: The Sunday after the faggot letter,

Reverend Troy Perry of the MCC Church

had a 500 person demonstration downtown

at the federal building on our behalf.

When we got the faggot letter,

I knew decent people would be shocked

by their government using the word "faggot."

And maybe we would get some kind of hearing as a result.

We went to the ACLU,

some of our so-called movers and shakers

told me that they weren't interested in the case because

we were a losing battle at that point.

But the faggot letter had got so much publicity

that they sort of off-handedly referred us

to an attorney called David Brown.

What we're trying to do is to educate the courts,

and the public,

about something that has existed

for thousands of years, and that is

a meaningful relationship between two gay persons.

There's nothing new about it.

The only thing new

is that gay people now are saying,

uh, we're tired of being discriminated against legally.

CATHY: When my brother and Tony started this,

it was unheard of.

It took a lot of courage

because back then, nobody had any tolerance.

There was discrimination on every level.

The Supreme Court today ruled that the individual states

are not violating constitutional rights

when they pass laws against private homosexual relations

between consenting adults.

REPORTER 1: The opposition to the gays is being led by the singer Anita Bryant,

to those who call her a religious bigot

she tells of her Christian Love.

I love homosexuals, if you can believe that.

But I know that the homosexual can turn from,

uh, sin the same as any individual

that, uh, that they can be ex-homosexuals

the same as there can be an ex-murderer, an ex-thief or an ex-anybody.

REPORTER 1: Voters in California will be deciding

Proposition 6.

It would call for firing any teachers in California

who practice or advocate homosexuality.

Do you want a sexually disoriented person teaching your child?

HARVEY MILK: The child molester is heterosexual,

the rapist is heterosexual,

most murderers are heterosexual,

do you want those people to teach our children?

REPORTER 2: The bodies of Moscone, who had been mayor for three years,

and Milk, the city's first avowed homosexual

to secure higher office, were brought out a rear door.

REPORTER: So now the leader of San Francisco's establishment,

and one of the leaders of San Francisco's anti-establishment

are both dead.

I am legally married to Richard

by the laws of this country,

and that's why we're here today

asking the compassion and understanding and equal rights

of heterosexuals in our case.

(SINGING)

LAVI: Tony and Richard went

to the federal court and argued that

their marriage should be valid

for federal immigration law purposes.

And that to discriminate against them because they were a marriage of two men

is unconstitutional discrimination.

TONY: Under the name of Richard in a case called Adams v. Howerton,

we filed suit against the United States.

Today, uh, we're asking Judge Hill

to order the Immigration Service

to recognize that these two men are in fact married.

They love one another, and they have the right to live with one another

in the United States.

REPORTER: What will happen if Judge Hill turns down your request?

Uh, we will appeal to the

Federal Court of Appeals for the Ninth Circuit,

and we'll take this case as far as we have to.

TONY: A US district judge ruled against us.

He said he didn't have to recognize our marriage

because marriage was intended to be between

a man and a woman for the propagation of the species.

That case went through to the Ninth Circuit Court of Appeals.

We lost in the court and so as a result,

we then filed an action

with the Supreme Court of the United States

who declined to hear the case.

REPORTER: You say now, because you've been gone so long from Australia

that it would be a hardship for you to go back there.

Richard doesn't qualify for immigration into Australia,

and so sending me to Australia

would be separating me from Richard.

LAVI: At the same time Richard and Tony,

proceeded with a second strand of their legal strategy,

which was to challenge the deportation of Tony.

And to request

the Immigration Court that his deportation be suspended,

because it would cause extreme hardship to Tony to be deported to Australia.

TONY: We had a hearing before Judge Griffin

of the Immigration and Naturalization Service.

And this judge said that

it would cause no emotional hardship to separate us.

REPORTER: How do you feel about the decision?

If, uh, Tony and Richard were a heterosexual couple,

Tony would be permitted to remain in the United States.

REPORTER: Are you planning on appealing this issue?

TONY: We then took the case to the Federal Court of Appeals.

The quality of argument by our opposition was not good.

First of all, the woman got the countries mixed up,

our names mixed up,

and finally in desperation she said,

"Oh, he can go back to Australia

"and have another one of those relationships."

LAVI: And so, finally their case

found its way to the desk of Judge Anthony Kennedy,

who at the time was

an associate judge of the Ninth Circuit Court of Appeals.

The three-judge panel ruled against Tony and Richard

in a two-to-one decision

written by Judge Anthony Kennedy.

Justice Kennedy has gone on to become a member of the United States Supreme Court.

In his decision,

he found that the Board of Immigration Appeals

had not abused its discretion in ruling against them

and let that ruling stand.

Judge Kennedy's decision

effectively ended Tony and Richard's legal strategy,

and it left them with 60 days to leave the United States.

We still, in the back of our minds

was hoping that something will happen.

We felt we had been through the courts,

the last place left was the court of public opinion.

I think if two guys want to get married

that's their business and why don't we let them get married?

(APPLAUSE)

Letting guys get married is the beginning of the end,

it's Sodom and Gomorrah,

I don't think it's a moral thing to do.

And I think it should be prohibited by law.

(APPLAUSE)

Anthony Sullivan and Richard Adams join us.

Is there a caller? Hi, I'm glad you waited.

WOMAN ON PHONE: I believe homosexuality is wrong to start with.

Marriage between them is absolutely ludicrous.

(APPLAUSE)

AUDIENCE MEMBER: They want to get married now.

Tomorrow they'll want to get joint insurance policies.

The next day they'll want to file their taxes together.

Before you know it, they're gonna want to vote.

So he can go on welfare and we're gonna pay for his spouse. I'm not.

TONY: We subsidize all these benefits that people are getting through marriage.

Gay people are taxed.

We pay our taxes along with everyone else

and we don't get benefits.

(APPLAUSE)

You are an illegal alien, and I think we should give you a lottery ticket

and send you back where you came from.

(CHEERING)

I started to get disillusioned because I didn't realize

that there was so much hatred there.

It was very painful,

and, uh, it was a very uncomfortable period of my life.

This Saturday, Anthony Sullivan

is scheduled to be deported to his native Australia.

It will end his 10-year battle to stay in this country.

Joining us this morning is Mr. Harold Ezell

of the Immigration Naturalization Service. Good morning.

Does the INS recognize this marriage certificate

from the State of Colorado I'm holding as, as legal?

No, we do not.

There is no provision for a marriage between two people of the same-sex.

Who would have to change that if it were to be changed?

That has to be changed by the United States Congress.

TONY: How would he feel

if someone came along to him and his wife and said,

"We're sorry, we're going to separate you and send you out

"into the world where you have no country."

My sympathy stands with people who have come to this country legally.

And I'd like to ask, do you intend

to leave our country, go wherever you want on the 23rd of November?

REPORTER: You will leave with Anthony? Oh...

We're both leaving. We're not going to be separated.

TONY: And we have nowhere to go.

And even that... REPORTER: Why not Australia?

Australia turned down Richard's application.

I mean, he's giving up a job of 17 and a half years.

We have a relationship of 14 years.

We're giving up a home of 10 years.

REPORTER: Mr. Ezell, no more appeals right?

That's right.

REPORTER: It's over, this is Today on NBC.

RICHARD: We had to get rid of all our things.

It was so hectic.

TONY: I can deal with giving up our possessions,

but I can't deal with the separation from,

from my friends.

We keep hoping it's not gonna come,

probably won't hit us until we do leave the airport.

But we keep praying for them.

(INDISTINCT CHATTERING)

TONY: It was a media circus at the airport.

There were people in suits from the government

watching what was going on.

RICHARD: It was the most difficult period.

I had to leave my family.

It was almost like death.

(JET ENGINES ROAR)

We landed in Heathrow where we were just totally exhausted.

TONY: We floated around the continent for many months,

fortunately our closest friend

uh, bought us a Eurail pass and we used that

going from country to country around Europe

in the coldest winter of the century at that time.

RICHARD: We had very little money.

We had close friends who helped

buy some clothes and boots.

I felt such a severe separation from

my family that I had been with all my life.

TONY: And I remember we just said,

"We belong home, in Los Angeles."

We needed to be back with our friends and our family,

people who made our life meaningful.

The problem was my reentry into the United States.

(INDISTINCT CHATTER)

TONY: We got to Mexico

where my friend Jeremy was there to meet us.

He had no idea he was bringing me home at that point in time.

The big problem was crossing the border,

and I'll be quite honest I, I was shit scared about it.

(SIRENS BLARING)

And then we got to the border,

and I had two days growth on, and I put on a,

a cap like someone from Bakersfield would wear.

I was hoping to exploit the racism of the immigration border people.

They were looking for non-white people.

And the American border person

put his head in the window and said,

"Are you Americans?"

And Jeremy showed...

He started to show his driver's license,

before he goes any further the guy just...

Just looked at me and said, "Of course you are. Of course you are.

"Go across."

And Jeremy started to get all excited, and I said,

"No, no, no. You've got to stay absolutely calm till we get round the corner."

He later told me before he died,

he died of AIDS,

that it was the moment he was the proudest of in his life.

And of course,

I am totally, completely and utterly illegal now.

RICHARD: Oh, we have been very much underground.

In a way, we needed that

because we needed a lot of healing

and we didn't want any publicity

and we wanted to just be quiet for a while.

TONY: Being undocumented

meant that I was not allowed to work,

so any employment was under the table.

Even though I took over as manager

of an apartment building,

economically, the deprivation was horrendous.

RICHARD: I had this job

working for lawyers at a law firm,

which was very helpful to get a little bit of money.

LAVI: Tony and Richard had no options except for hiding out,

trying to make a life on the margins of society

with no proper identity documents.

And so they couldn't leave the United States.

TONY: At the same time

that we were in seclusion from the Immigration Department,

my mother died and I had not had a reconciliation with her.

And my brother,

the only blood family I had left, dropped dead.

And I couldn't go to either funeral.

I couldn't risk going to Australia

and not being able to get back,

and had I been left separate from Richard,

I would have been desperate.

And on top of that, we came back to our friends dying of AIDS,

the people I loved the most,

including our attorney David Brown.

We sat by their deathbeds and went through it with them,

as have so many members of our community gone through such an experience.

The late '80s, early '90s was a horrible period for all of us.

A horrible period for the lot of us.

CONGRESSMAN: This bill represents

the first truly comprehensive

reform of US immigration law that has ever occurred.

REPORTER: Hawaii is considering legalizing gay marriages.

Openly gay congressman Barney Frank

scoffed at warnings that the institution of marriage is threatened.

Well, gee, Hawaii is pretty far away,

won't the ocean stop it?

Congress was worried that if

Hawaii allowed same-sex marriages,

the practice would spread to other states.

The Defense of Marriage Act would establish a simple,

clear federal definition of marriage as the legal union

of one man and one woman,

and it will exempt sovereign states from being compelled

by a half-baked interpretation of the US Constitution.

We all know what is going on here.

I regard this bill as a mean spirited form of Republican legislative gay-bashing,

cynically calculated to try and inflame the public

eight weeks before the November 5th election.

SENATOR: The Bill HR3396, the Defense of Marriage Act

has passed with 85 voting in favor and 14 against.

NEWS REPORTER 8: President Bill Clinton in the dead of night,

avoiding media coverage of the event,

signed into law a bill denying federal recognition of gay and lesbian marriages.

Clinton issued a written statement saying...

(NEWS REPORTER 8 READING)

JOHN ASHCROFT: We are unveiling a restructuring plan

for the Immigration and Naturalization Service.

The terrorist attacks of September the 11th,

underscored that we need better control

over individuals coming to our shores from other nations.

I have to say I have some element of worry.

Anything to do with immigration since September the 11th

is all that much harder.

Especially people like ourselves who are on the fringe.

RICHARD: We're still in the same position as 30 years ago.

It's so strange because we're more in the closet now on one level

than when we first met.

And, Darjeeling it, huh?

Okay. Did you empty this teapot?

I did. Oh, you put the leaves in...

I, I just... I know. Oh, that's a mistake.

I should have put hot water first but...

But, yeah, no, but see there is water in there and it's gonna make...

Yeah, this gets hot water, yeah, right.

No, but the leaves are getting damp.

Oh, that's it. I've been doing it like this for years...

You haven't said... That's why I make it myself when I'm having more.

And you like my tea.

I think what this situation has created is this burden

of institutions trying to separate you or turning you into criminals.

I remember one time going to a therapist and saying,

"You know, we have allowed this issue to become a monster

"and, uh, took over our relationship."

I knew that they were having problems.

I knew that they fought

and when my brother spoke to us, I could hear the stress in his voice.

But, I think my brother has old-fashioned values.

His belief is when you've found somebody

and you made that commitment to someone,

you stick it through.

(LAUGHING) FRIEND: There you go.

TONY: So do I blow now? FRIENDS: Yes, yeah...

(CHEERING)

This is Tony's 60th birthday, well, in two days,

and, uh,

and I hope he lives that long. (LAUGHING) I'll kill him.

ELLEN: Now tell us your wish. No, I can't tell you my wish.

(LAUGHING)

Can't tell you my wish.

(LAUGHING)

Richard's mother traveled a tremendous, tremendous distance

with us because frankly having a, uh,

a white Australian homosexual arrive and scoop up a son was

the, "Whoo, what have I got here?"

But as the years have gone by, we've actually become good friends.

Come over here and I'll tell you what my wish is. Okay.

Here.

And, of course Richard doesn't know this. We do also occasionally

discuss what's for his best interest.

(LAUGHING)

I want to say something.

31 years ago Richard's mother met me,

and of course, all his sisters were alive then and his brother.

They had all been born,

and I have to say that I not only got Richard.

I was so lucky, I got a wonderful family that I've grown to love.

We've all taken a long time to get there

and I just want to say thank you very much for all being there.

(LAUGHING)

TONY: They're our family and we're their family.

They care about us and I know that they worry at times about us.

(LAUGHING)

RICHARD: Through all the difficulties,

when we were unemployed, when we were looking for a home,

my sisters always welcomed us with open arms.

If it wasn't for them I don't know how we could have survived.

LAVI: Unfortunately, because of the Defense of Marriage Act

an American citizen could do no more

to sponsor their same-sex partner or same-sex spouse,

than they could in decades past.

We need the United States government to behave now

as it's supposed to now,

so those of us living under this kind of nonsense

can cease living that way and get on with our lives.

Gay and lesbian couples in Massachusetts are already busy planning June weddings.

And this is another symptom of the kind of

judicial activism that we have seen.

Remember that this body, the United States Senate and the Congress

with 85 votes did pass the Defense of Marriage Act.

Well, if the gay marriage question were put to a nationwide vote,

61% of Americans oppose laws to recognize same-sex marriages.

The hot button issue of same-sex marriage is

front and center again in this country.

California's highest court put it there today by

striking down the state's ban on gay marriage.

NEWS REPORTER 1: California joins only Massachusetts

in officially allowing gay marriage.

But come November, there will be yet another hurdle to clear

for same-sex couples.

In November, Californians will vote on a constitutional amendment

defining marriage between a man and a woman.

NEWS REPORTER 2: 26 other states across the country have similar amendments

banning official gay unions.

The issue on the ballot, Proposition number 8,

the constitutional amendment that eliminates the rights of same-sex couples to marry

has passed with about 52.5% of the voters

putting a stop to gay marriages in the state of California.

Channel 4's Ted Chen live in West Hollywood tonight,

and he's got the rest of the story. Ted.

Paul, uh, a spokesman for Yes on 8 said

what Californians did was protect traditional marriage and

reclaim a great tradition.

But the No on 8 forces say that the passage of Prop 8

is just a temporary defeat in the long march toward civil rights in America.

This shows it's not... I mean, we've had a bit of an easy ride of late on the issue.

This shows us the battle has got to keep going on.

We've got to keep fighting and it's obvious that I have got to join everyone else

in fighting this.

So you've worked out what you're wearing? Yeah.

Okay.

You watch, I'll probably end up changing five times, you know how I am.

Yeah, I think I'll wear what I'm...

Okay, I'm gonna go around and get dressed.

Yeah, okay.

All right.

Do you have any concerns about me speaking tonight?

I'm a bit, um, anxious what, you know, what could happen.

I have your pills by the way.

Good.

My greatest concern for Tony is that one day

officers of the Immigration and Customs Enforcement will

roll up in front of his apartment building in their car,

get out, ring his doorbell and take him away.

They'll take him to a detention facility

and he would be put on a plane and deported to Australia

where he obviously has not lived in decades.

(CHEERING)

We're here to achieve marriage equality in California.

LAVI: By stepping up, and making himself known,

and raising his voice, Tony is risking everything.

SPEAKER: Please welcome Tony and Richard.

(CHEERING)

Thank you.

Beside me is Tony and I met him on Cinco de Mayo in 1971

in a bar called The Closet.

(AUDIENCE LAUGHING)

We have loved each other

and we share our lives together for almost 38 years.

(CHEERING)

Richard and I were legally married in Boulder, Colorado,

and some attorneys say to this day we are still legally married.

(AUDIENCE CHEERING)

In the last years,

Richard had a stroke three years ago

and last year, actually 12 months ago this month,

I had two heart attacks and a stroke.

We've come out of it very well nothing to worry about there.

But...

(AUDIENCE APPLAUDING)

But what was wonderful and what got, got us through,

and we've talked about this, was our relationship.

It was our need to live for each other.

It wasn't a case of living for one's self, but for each other.

And this is something that

that's so important about relationships. It's not just

let's go off and get married.

Thank you.

(CHEERING)

(CHANTING) Equal rights.

When do we want it? Now!

What do we want? Equal rights!

When do we want it? Now!

Here we go. Now!

What do we want? Equal rights!

When do we want it? Now!

Hey, thank you for your talk, guys.

Oh, thank you. Thanks a lot, yes.

There is a lot of very grateful people that we showed up.

I feel more open, you know, we're

out of the closet in some ways.

Oh, yes, it's nice to get out of the, uh, undocumented closet.

(LAUGHING)

So, we'll see what happens.

I don't know where the quote comes from,

but the small seed and the mighty oak is grown, or a small acorn.

That's what I'm feeling. I'm feeling very,

you know, when we did what we did it was, uh, a real shot in the dark.

We went by conviction, but nothing, nothing else other than conviction

and to see this is...

I'm quite emotional actually.

I had a dream once where

I saw the whole thing ending, you know.

This was years ago,

so hopefully,

uh, that'll happen.

(CHEERING)

Have a seat inside here. Okay, thank you.

Thank you.

Everything is pretty much under control.

Uh, I do have to say thank you for sending me off to the cardiologist,

you saved my life. That's good.

How, how about you, feeling okay overall?

Yes, yeah.

So, uh, how is the cigarettes going?

Yeah, I have, I've been pretty good actually, yeah.

Okay, as your doctor I, I am concerned about your smoking of course

because I certainly don't want you to have any more strokes.

Yeah.

And smoking is certainly a big risk factor for that.

Let me just have you put your hands out like this, close your eyes.

I, I think stress definitely plays a part in your health.

I definitely think so, I think about that now yeah.

A big concern is what is our old, old age

'cause we've save... Got nothing saved up for the future

and I'm not going to be able to collect the Social Security that I've contributed to.

They don't give it to you because of your immigration status.

Yes, you know.

I hope that doesn't give you so much bitterness

and affecting your heart and everything.

I'm not going to add to the damage by being bitter, no,

and everyone pays the price for doing something and that's the price we've paid.

RICHARD: My dream for the two of us

is to focus on what is important in our lives,

and think of smaller things like our relationship,

and to be closer to each other.

Nice and cool here, huh? Oh, that's heaven.

Yeah.

Eh... You should be walking with me though, dear, not behind me.

Yeah, that's right. I'm not Queen Elizabeth.

Ah. (LAUGHING)

You know, I don't know if I've ever told you this, but you know when you

first shaved your head? Yeah.

I... Don't take this the wrong way, I thought it was a great improvement.

Oh. I really did.

Yes, it was... Well, I've always suspected that my head was not bad.

(LAUGHING)

Well, I have a double crown, so I think it wouldn't be right on me.

Yeah. But, by the way, do you know what they call

a bald head in Australia?

What? A nude nut.

(LAUGHING)

Anyhow, I'm going back to get some more coffee.

Oh, well, can you get me some too?

I'm learning to take life as it comes.

Uh, it's sort of a strange patience.

Hello, dear, would you like a treat?

(DOG MOANING) Oh...

(BARKING) Oh, good idea.

TONY: Obviously, I am not earning the income I was born to earn,

but, you know, as I've got older, it's not important.

As long as I've got a roof over our head and the food on the table.

I came down and I started doing some work on this,

the border of Mexico and the United States.

And when I went upstairs I asked Richard how long had I been,

I'd been gone for hours.

The principle behind this painting

is that we are building a fence

to keep undocumented persons out,

but a fence also serves to keep people in.

I've become aware of this issue,

because I have become an undocumented foreign national in the United States.

I have heard that the Immigration Department

was notified that I was back in the country.

Why they haven't chosen to come after me?

For a variety of reasons.

Maybe they're ashamed of what they did in the past.

But, a great lesson I've learned from all of this

is you have to live your life,

but I will refuse to live in fear.

And I've had a relationship that's gone on now 40 years.

And I have no regrets whatsoever.

Give me one on the cheek, plant it.

This is the one I want you to try, I got it yesterday I've never bought it before.

RICHARD: We have thought that our case would be finished by now,

even one of the judges said you know, 25-30 years

it'll probably be no issue.

But it's still an issue in this country.

Mmm, that tastes good.

Yeah, I thought so.

I could be dead when it's recognized, but it doesn't matter.

It really doesn't matter. Because I know that we're, we're on our way.

We're on our way to winning the battle.

Meantime, there is this Fox News alert,

the Obama Administration has just announced

that it will no longer defend

the same-sex marriage, no the Defense of Marriage Act in court.

They call it DOMA, Defense of Marriage Act.

President Clinton signed this thing.

NEWS REPORTER 1: Late word tonight that gay marriage

will become legal in New York State.

It is signed!

(CHEERING)

NEWS REPORTER 2: Washington State becomes the seventh state in the nation

to legalize same-sex marriage.

Maryland will today become the eighth state in the country

to legalize gay marriage.

Big story here today, is President Obama's reversal on gay marriage.

It is important for me to go ahead and affirm,

same-sex couples should be able to get married.

NEWS REPORTER 3: For the first time more than 50% of Americans

say gay marriage should be legal.

A federal appeals court today struck down

parts of the National Defense of Marriage Act.

For the first time in history voters have approved same-sex marriage

and it's being hailed as a huge victory for gays and lesbians.

It has gone to a ballot 33 times and failed,

and now in one night it is likely that four of four have won.

This is absolutely extraordinary,

and it's a change that has happened in,

in hardly any time whatsoever.

(MACHINE BEEPING)

(SPEAKING IN A HOARSE VOICE) Well...

I came in as,

yeah, as an emergency yesterday

because I could not... I could not breathe.

I thought I was close to death, but, um,

I did manage to get Tony to call the ambulance.

And they did come very quickly, and, uh, they have

gotten some water out of my heart.

So, um, we'll see what happens from there.

He, um, started to, uh, get swelling in the ankles et cetera,

and then he couldn't breathe et cetera, and we,

we got him to the emergency at the hospital.

And then they discovered that there were cancer cells

in the fluid that they, um, decanted

and that, uh, he was diagnosed with stage four, um, lung cancer.

Rich...

There isn't air in this one.

Huh. It registered full, but it's not full.

That's what I thought, huh.

Um... Let's do without.

Let's do without. Yeah. You think you can do without?

It's only a meeting today

to plan your, uh, chemo. Right.

And what we really are concerned about is getting started as soon as possible.

Right, I'd like to get going. Yeah.

Like this week.

Like tomorrow if it could be. Or even today.

That's right. Right. Yeah. Even today.

I of course, I want to be cured,

but, uh,

I have a lot of fears.

But you know what?

I think I'll pull through at this stage,

that's what I'm concerned with.

Shall we go out this way Rich or the other way?

Yeah, let's go out that way.

Okay, Jasper, you stay here, be a good doggie.

Good evening, tonight the Supreme Court of the United States

says it is time to decide one of the most highly-charged

issues in this country, gay marriage.

NEWS REPORTER: The court agreed to take up the legal battle

over the federal Defense of Marriage Act.

It defines marriage as quote, "only a legal union between one man and one woman."

Oral arguments in this case should happen in the spring of 2013,

with a decision expected in June of that year.

I just had a spoonful of the leftover grits,

now I know why they call them grits.

They're gritty. (CHUCKLING) Oh, can you put this in? I...

Oh, that's good. Is everything okay?

Perfect. Okay.

(KNOCKING ON DOOR)

Anyhow, oh, this is Lavi here okay.

Ah, dear.

LAVI: So, it's been a while since I've seen you guys.

Mmm-hmm. How are you doing?

I'm doing very well. Yeah.

Very well, I just had my uh, chemotherapy,

and that's why I'm a little low on energy.

And the cancer is pressing on the, one of the nerves that lead to his vocal cord.

Are you feeling a little better today? Not quite.

No, you're certainly not yourself. No.

I know you don't have a lot of energy, so I want to

make sure that we use our time to talk about some of the legal details.

You know, for years we've been talking about Tony's immigration status.

And we've been

hoping we were gonna get to a day where we could resolve this,

so that the two of you could put it behind you.

Yeah. And now the Supreme Court made

an announcement that was gonna decide whether

marriages would be recognized by the federal government,

including for immigration purposes.

And the fight that you started

will be decided probably by June.

Hmm. And...

You gotta be around for that. Yeah.

You gotta be, it's just you know. He's got to. Yeah.

Certainly worked hard enough to get there, so...

(LAUGHING) It seems like all my life.

Right. Forty years, yeah.

Unfortunately we also have to plan for

what happens if Tony is by himself at that time.

What it means for me is that,

we probably should consider you know, getting married in another state

since your marriage in Colorado was so long ago.

And we believe it's a valid marriage,

but we want to give a little extra protection here

and make sure that we have

a marriage where there is absolutely no question at all.

So, I brought the papers to prepare for the Washington State marriage license today.

Is that okay?

Well, I suppose actually, Richard, the way we can look at it

is as a reaffirmation of vows.

I think that's the way to deal with it. Yeah.

Because you know... Yeah, that's the best way, yeah.

So, we, we will view it as a reaffirmation ceremony

and the state can view it as a marriage ceremony.

How does that feel?

Sounds good. Okay.

When we got married, Richard made one condition to the marriage ceremony.

Traditionally, it's... People say "until death do us part,"

he had it changed to "as long as there is love."

And we've already said that if we had to go through another ceremony,

we'd keep those words there.

Would you excuse me for a second?

(TONY SOBBING)

Oh, boy.

The person I've become would not be the person

if I hadn't met Richard.

He turned me into the kind of human being that I wanted to be.

I feel even deeper and closer to him

because he expressed things this time that he didn't, never did before.

He's the most wonderful person I could have had in my life.

Even though he's irritating

(LAUGHING)

And my goodness,

but I'll overlook all that, yeah, yeah.

♪ Hallelujah, hallelujah

♪ Hallelujah ♪

We met during the hippie period of life

and we never gave up on the belief of peace, love, and happiness.

It was the ruling philosophy of our life all the way through.

When we came together,

we saw that authority had no right

to interfere with love and people loving each other.

And also a part of that love is Richard's family.

Where his family was our home was.

First of all, I want to refer to Richard's mother, Ellen,

Richard loved you dearly, you were his friend

and anything that affected you affected him.

His sisters and brothers, my sisters and brothers,

we're family. We know what, uh, we're all on about, and, uh,

we all know how much Richard loved us and how much we loved Richard.

For 41 and a half years of 70 and three quarter years,

Richard has been in my life.

I'm a lucky one.

For two thirds of my life, I was a participant in a love story.

How great is that.

Even if I paid a high price for the life I have had,

I am grateful. I am truly grateful.

Thank you and thank you, Richard.

RADIO REPORTER 28: Richard Adams died a week ago at the age of 65,

he and his partner, Anthony Sullivan, Tony were gay marriage pioneers.

RADIO REPORTER 2: Their life's work was to try

to achieve equality for gay and lesbian people

in terms of marriage and immigration equality for GLBT couples. And...

RADIO REPORTER 3: Mr. Adams died earlier this month at the age of 65.

We, the people,

declare today that the most evident of truths,

that all of us are created equal

is the star that guides us still.

Just as it guided our forebears

through Seneca Falls and Selma and Stonewall.

(AUDIENCE APPLAUDING)

Our journey is not complete until our gay brothers and sisters

are treated like anyone else under the law.

For if we are truly created equal,

then surely the love we commit to one another

must be equal as well.

(AUDIENCE APPLAUDING)

NEWS REPORTER 1: Today, as the Supreme Court heard a second day of arguments

on same-sex marriage,

several justices raised concerns about DOMA.

NEWS REPORTER 2: Today, in court Justice Ruth Ginsburg said

it seemed like a second-class system for gay couples.

(JUSTICE RUTH GINSBURG READING)

(JUSTICE KENNEDY READING)

So, Megan, we wait a decision by June,

but I would say if you're predicting at this point,

it doesn't look good for those who want to see DOMA survive

this particular case. Yeah.

Well, Jasper, decision time,

not that I think you're very interested.

And we'll talk to her in just a couple of minutes.

But, first it is a momentous day at the Supreme Court,

and we want to start there.

The justices are about to release

two of their most anticipated decisions on same-sex marriage.

NEWS REPORTER 3: The Supreme Court has just struck down

the federal Defense of Marriage Act.

It's a five-to-four decision written by Justice Anthony Kennedy.

And the Supreme Court here is saying that the federal government

can't make distinctions between same-sex

and opposite sex couples in terms of

what marriages the federal government will recognize.

It's a significant ruling from the Supreme Court...

No question about it, we want to get back to Peter Alexander.

He's at the White House he's got more reaction. Peter, what can you tell us?

Yeah, Savannah, we have now got our first formal reaction

from the president of the United States Barack Obama

just tweeted, "Today's DOMA ruling is a historic step forward

for hash tag "Marriageequality,"

and then he wrote, hash tag "Loveislove."

We also heard just moments...

(CELL PHONE RINGING)

top advisors during the course of his campaign.

Good morning, Cathy. (ON THE PHONE) Good morning.

Well, DOMA's been, uh, put out of the way.

Yes, but it's kind of bittersweet, right?

Yeah, I wish Butch was with, I really wish Butch was with me.

Um, it's, it's moments like these I hope there is a hereafter

and he's sitting on some little cloud watching down,

uh, other than just sitting in my heart.

Exactly.

You know, but, um,

you can be very, well, you already are proud of your brother but, uh,

you know, it's, uh, a bittersweet victory.

Richard was fighting for the right of a lot of people

that probably wanted to do what he did,

but didn't have the courage.

(PEOPLE CHEERING)

I just wish my brother was here

to see all this.

NEWS REPORTER 1: The Supreme Court said resoundingly today

federal law must change, there must be equality

for same-sex couples who marry.

And the implications are sweeping.

NEWS REPORTER 37: The court said DOMA serves no legitimate government purpose,

instead it demeans those who are in a lawful same-sex marriage

declaring their marriages less worthy.

NEWS REPORTER 38: The ruling means gay US citizens

can now sponsor their immigrant spouses for green cards.

Outside the courtroom jubilation knowing that the court had instantly created

a different future.

(CHEERING)

Our toast is to Richard,

who didn't survive long enough to see this wonderful day,

this is for you.

(CHEERING)

It's really a little hard to absorb because I've lived with it now for four decades.

It's interesting the swing vote being Justice Anthony Kennedy,

he being the judge who wrote the decision

denying me the ability to legally stay in the United States,

uh, back in 1985.

He has redeemed himself and, uh,

we should always be grateful when people do that because we,

we all must be open to change.

What an incredible couple of days this has been,

what was once impossible,

uh, is now not only happening,

it's, it's only gonna get better from here.

One of our honorees, Tony Sullivan and his partner Richard Adams,

were the first couple to apply and be denied

by the immigration agency based on their relationship.

So, tonight we are honoring the first couple to be denied,

and recognizing that tonight

the first couple has been approved.

(AUDIENCE CHEERING)

So, we are here tonight to celebrate. And we have

someone who I think is gonna

take us into celebration mode.

Peaches Christ.

(AUDIENCE CHEERING)

Tonight, we are honoring

Richard Adams and Tony Sullivan.

We stand together and recognize both Tony and Richard

in their fight for justice, equality and the rights of all.

It is my honor to present the American Heritage Award to Tony Sullivan

and to Richard Adams, whose sister Cathy

is accepting the award on his behalf.

Thank you very much first of all.

Cathy came down to the immigration court

when she was a young teenager

to say that if the immigration kicked me out of the country

they would be destroying a family that she was a part of.

And so, that's why she's here tonight with me.

(APPLAUDING)

The day before Richard died

he said, "Tony, I want you to know something."

He said, "I love you so much more now than I ever did when I first met you,"

and I said to Richard, "I feel exactly the same."

And then the next day I got hit with a thought,

and I came running upstairs and said, "Richard, I've got to tell you something,

"we won."

And he said, "What do you mean?"

I said, "We won."

And Richard always listened and thought,

you could always see the thought process going on in the pause before he spoke.

I said, "We won. They never managed to separate us."

(APPLAUDING)

And then he looked at me and he paused and he thought,

and he said, "You're right.

"We won," and we did indeed win.

And there is one thing I'd like to say to Richard now,

and that is, "Richard, today

"when the couple got their green card,

"we not only won, but they will never write another letter

"to a gay couple saying a bona fide marital relationship

"cannot exist between two faggots."

(APPLAUDING)

Thank you.