• rbenton@sacbee.com

    Rachel Bird and Gideon Codding, at home in Roseville in September, say the state of California does not have the right to replace the terms "bride" and "groom" with "Party A" and "Party B" on state marriage documents.

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Bride and groom to file suit over license language

Published: Friday, Oct. 03, 2008 | Page 3B

The Roseville couple who refused to sign their marriage license because new forms don't use the terms bride and groom are filing a lawsuit claiming their rights have been violated.

The Pacific Justice Institute announced Thursday it would file the suit today in Placer Superior Court on behalf of Rachel Bird and Gideon Codding.

The couple are claiming the state of California does not have the right to replace the terms "bride" and "groom" with "Party A" and "Party B" on state marriage documents.

The courts mandated state agencies use gender-neutral words on the forms after the state Supreme Court ruled in May that same-sex marriage is legal.

Bird and Codding, who were married in a church ceremony in August, say they want terms on their marriage license that have been used for generations.

"Our personal objective is to be honored and recognized by the state of California as bride and groom," said Codding.

Because the couple have refused to sign and file the new marriage license form, their union isn't recognized by the state. Without a state license, Bird has been unable to use Codding's medical benefits or change her name.

The couple's attorney said they hope to get an order against the state that will allow Bird and Codding to identify themselves as bride and groom on the state forms.

"We allege that state has acted beyond legal discretion and that state Supreme Court ruling cannot reasonably be interpreted to mandate the prohibition of the terms bride and groom," said Brad Dacus of the Pacific Justice Institute, which specializes in the defense of religious freedom.

Placer County officials said they were following directions they received from the state.

"We would assume that court would affirm that," said Gloria Coutts, assistant county clerk of the clerk-recorder divisions in Placer Country. "While we understand their position, we have to follow the law."

Bird's father, Doug Bird, pastor of Abundant Life Fellowship church in Roseville, said the legal action "wants to take back traditions that we feel like have been taken away from us."

"These gender-neutral terms violate the rights of the majority," he said.

Others said filing the lawsuit would be frivolous. "Obviously, filing a lawsuit was their goal, and it seems silly, but they're entitled to do it," said Ed Bennett, president of Sacramento Stonewall Democrats. "The one thing this (lawsuit) shows is that words matter, and that's what we've been saying for years."


Call the Bee's Jennifer Garza, (916) 321-1133.

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