While the LGBT community continues to battle discriminatory legislation in Indiana and states contemplating similar such laws, it gives me some measure of comfort to know that this month the U.S. Supreme Court will hear arguments in the long-raging debate over same gender marriage. For some, the court’s eventual decision will be solely intellectual, but for me, that verdict will be extremely personal, and it is my every hope that marriage equality will be the resulting law of the land in all 50 states. After almost 12 years together and raising two children, my partner Russ Noe and I were legally wed in California on June 7, 2014. That moment was a lifetime in the making and as the gold wedding band slid onto my finger, I was fully cognizant of all that it meant, both legally and emotionally… For as it happens, in my recent history, I’ve experienced inequity more fully than most.
One fall day in September 2001, I lost almost everything I held dear when I stumbled upon an email not intended for me. In it, I learned that my then-partner of six years, “Rob,” had broken the commitments we’d made and that, in fact, I’d been lied to from the start of our relationship. As that email glowed onscreen, I remember looking over to where our infant son lay sleeping, wondering what our collective future held. Rob and I had created a life together, had a commitment ceremony, bought a house, and adopted a child… I’d given up my career to be a stay-at-home dad, only to soon discover that while I was the primary caregiver, with a stronger emotional bond to our son than Rob, I had no legal parental rights whatsoever. Should Rob so choose, he could lawfully banish me from my child’s life.
I couldn’t imagine losing my son, nor how devastating that might be for him emotionally. He was my touchstone, and I vowed that somehow I would find a way for us to remain together.
I was urged by my attorney not to confront Rob about all I’d discovered and instead wait until my rights were settled, as I was then undergoing a process known as a second parent adoption. And so I returned home, plastered a smile on my face, and attempted to act as if everything were fine. I went about my daily life, taking care of our house and son, though I was tormented and wracked with fear inside. During this period, I even went with Rob to one of his therapy sessions, only to hear the therapist say that the only issues in our relationship were my doubts about Rob’s faithfulness, and that Rob was a moral and ethical human being. For one hour I sat, boiling inside, unable to stand up for myself and all that I’d discovered to be true.
Rob and I had stood in front of our family and friends, declaring our love and commitment toward one another. We called each other “husbands” and combined our finances, which were intended to be shared 50/50. We acted like a married couple and built our life like other married couples, but we didn’t have the same legal protections and benefits as our peers. This discrepancy became even more pronounced as time passed.
After two months of silence, unable to confront Rob, a court case in California placed all second parent adoptions–including mine–on hold, determining them to be incompatible with state law. To clarify this confusion, the California State Supreme Court would have to eventually rule on the legality of second parent adoptions, which could take months. Knowing that I wouldn’t be able to remain silent indefinitely, I finally confronted Rob about all I’d discovered. In the process though, in order to ensure my rights were established, I pretended to give him hope that our relationship could be salvaged. I told him that we should take time apart and live separately, to see if we could mend the rift and find a way forward together as we had intended, as a family. In other words, in my attempt to hold onto my son, I became a liar, just like Rob.
We sold our house, and on the day it closed escrow, Rob went to the bank and took out the proceeds, leaving me what he alone determined to be “fair.” I had no choice but to live with that, and any other crumbs he offered, as I had no legal recourse. In the eyes of the court, we were no more than roommates, and I couldn’t afford to rock the boat until my parental rights were firmly established.
Eventually, a court date for my adoption was established. Even as Rob stood next to me in the court room, I waited, breathlessly, afraid he would halt the proceedings and take away this child whom I loved so dearly. At last, the judge signed the paperwork and the adoption was complete. After walking to my car, I sat in the front seat, holding my son and crying uncontrollably, grateful to no longer be afraid and for the ordeal to finally be over.
I had been in a similar emotional state before, in 1995, when my partner Shane Sawick died of complications from AIDS. In that situation, I endured months of anxiety, not to mention the physical and emotional toll of being a daily caregiver, but I did so all with the knowledge of how his story would play out. I knew that the end would come and I knew what it entailed. Still, when it did, it was agonizing.
At the time, I thought that never again would I experience anything as painful, but the prospect of losing my son and the months of uncertainty and turmoil that provoked proved far worse to my psyche.
It took me a long time to fully work through my anger and learn to trust again. Moving forward wasn’t easy, but I did it, with the support of my son and those I loved. That journey led me to Russ and the subsequent adoption of a second son.
Almost one year ago, as the sun shone brightly on a beautiful June day, Russ and I stepped out into our garden wedding ceremony, walking behind our sons, who served as best men. They each had written notes about the importance of family which they read to our assembled guests. Russ and I shared our vows, which we’d also written, publicly proclaiming our promises and commitment to the life we had crafted. At the end of the ceremony, as Russ slipped the gold wedding ring onto my finger, all the emotions and moments of my life seared through me, reminding me of the road I’ve traveled, the battles fought, and the promise of things to come.
Our rings are just simple bands, nothing fancy. But they are durable and signify the legality of our union. They are gold wedding rings, meant to last a lifetime.
This originally appeared on KerganEdwards-Stout.com. Kergan Edwards-Stout’s debut novel, Songs for the New Depression, was the recipient of a Next Generation Indie Book Award. His collection of short stories, Gifts Not Yet Given, was named on multiple “Best Books of the Year” lists. He is currently at work on a memoir, Never Turn Your Back on the Tide.