On Becoming a Footnote

OK—it’s 11:22 in the morning and what have I done?

Well, it must have been the fatigue following the exertion of becoming, with Mr. Fernández, a footnote in the legal history of Puerto Rico—that must be what’s operating, here.

It was in 2008 that, on a cold December morning, Rafael and I walked into the Cambridge City Hall to get married. Had we made an appointment? Of course not. So the secretary sighed, and called the justice of the peace, Margaret Drury, down to marry us.

Every trip to the altar—even when there’s no altar—is a long one. In our case, it was physically a long trip; I had spent the early part of the week in Wisconsin with my mother, who was recovering from open-heart surgery. I had flown out of a huge snowstorm, missed a flight in Miami, gotten back home, confirmed our flights to Boston—and discovered that Expedia had botched one leg of the journey. We eventually flew to New York, and took the bus to Boston. And then the snow began—the storm I had flown out of from Wisconsin I had bussed in into Boston.

I was still on edge on the day of my marriage—it had seemed unreal, somehow. But I had told my boss, the director of Human Resources, that I was getting married—and to whom. She asked how long we had been together, and I told her: twenty five years. “It’s high time,” she said. Later, meeting her in the crowded lunchroom, she kissed me, wished me a good trip, and bustled off to wash her hands. Glancing over her shoulder, she called out, “and congratulations on…the other thing!”

And so we referred to our wedding as “the other thing,’ throughout the trip.

I had told her, because I knew perfectly well what I was going to do: ask the company to put Raf on the health plan. He was between jobs—and his Cobra payment was a couple hundred dollars easily over what I would pay to put him on my company’s health plan.

So I found myself, after we returned, with my boss and the president of the largest company on the island—Wal-Mart Puerto Rico—arguing that if we had a statement in the Employee Handbook stating that we didn’t discriminate on the basis of sexual orientation, shouldn’t gay spouses be included in the benefits? “I think you should,” said the president.

It was the first time anybody had raised the issue to him.

Was it easy to do that? No—my hands were wet, my mouth was dry, I was in the classic fight or flight response.

I also knew that I would do it, that I was right, and that if I didn’t do it, I was letting the next generation down. Drag queens fought in Stonewall for me, and if they can fight cops with Billy clubs, I could talk to a Colombian man in a small office in Puerto Rico.

My request was denied, of course, on the grounds that my marriage was not legal in Puerto Rico. OK—so I wrote requesting reconsideration from Bentonville. Oh, and I wrote a letter to the executive vice president for Human Resources for the entire company.

This is called rattling the cage, and somebody has to do it.

Bentonville never replied, so I sent a certified letter. That got a response.

So it became a tradition, in those last years of my time there—I would formally petition to put Raf on the health plan, and present my marriage certificate.

“What do you want me to do with this?” my buddy Karen would ask.

“Oh, just send me the same letter you sent last year,” I’d say.

“Ay, Marc….”

If the Internet were working, I could tell you who said, “courage is a muscle that becomes stronger with exercise.” Recently, I came out to a room full of strangers, blurting out, “Sweetheart, I’m your husband, not your friend,” after Raf, about to read a poem of my mother’s, referred to me as a friend. The whole room laughed—look, how threatening is a roomful of poets?

So it was natural to me, to protest when a notary public, in preparing a deed for an apartment I bought, referred to me as soltero, or bachelor.

“No, I’m married in the Commonwealth of Massachusetts,” I said.

We went around about it; he explained that legally, I was a bachelor. We signed; I went home and had a drink. The lawyer went home and lost sleep.

In Puerto Rico, property sales are handled by a notary public, who must be as well a lawyer. So the notary public got it into his head—he knew he had to do something. The next day, he called the professional association that rules over the notaries, and asked them the question: what to do about a marriage legal in one state but not in Puerto Rico?

“It was great—they all took the question very seriously, and very respectfully,” said Tony, to give the notary his name.

Even the head of the association, with whom Tony finally ended up….

“Your job as a notary is to record the facts, not judge on the legality,” the director said. “You have to amend that deed, and state that Marc and Raf were married in the Commonwealth of Massachusetts. And they both have to sign it….” The director went on to speculate—what happens if Puerto Rico is obliged to recognize all marriages from other states, including same-sex marriages?

So we did, but not before asking Tony if they the notary association had ever had the question put to them.

“No,” he said, “they had been waiting for it, but it had never come up. They’re actually thinking of writing a memo to all the notaries on the island, directing them to do what we’re doing. So yours will be the first gay marriage recorded on a legal document in Puerto Rico.”

“You really should spread the word around,” said Johnny, when I called to tell him the news. “There could be other gay people who need to be aware that their marriages need to be recorded….”

So I have!