Struck down, but undeterred

More than five years of legal battles came to a close last Wednesday with a disappointing outcome for College Park residents Dave Kolesar and Patrick Wojahn.

In a 4-3 ruling, the state's highest court, the Court of Appeals, upheld a 34-year-old state law banning same-sex marriage. The decision reverses a Jan. 2006 Circuit Court ruling which found the law unconstitutional.

Kolesar, 29, who works as a broadcast engineer for Bonneville International Corporation, and Wojahn, 32, who works for University Legal Services as a disabilities rights lawyer, were two of the 19 plaintiffs in the case. They have been together for six years, and were united in a commitment ceremony in June 2005.

The couple was profiled in The Diamondback last year after the lower court ruling and agreed to answer questions now, after the decision was reversed.

The Diamondback: You've both been very involved with the effort to strike down the ban on same-sex marriage in Maryland. Can you describe the work you've put into this?

Patrick: Together with the other 8 couples and the widower in the lawsuit, we have been out ... telling our stories and serving as an example of the discrimination that same-sex couples face, due to the fact that we're strangers under the law. We face the uncertainty that comes with not having the legal ability to care for each other in times of need, as well as the stigma that comes with our relationship not being accorded the same recognition as is accorded straight couples. Over the past few years, we have been meeting with our state delegates and senators, and whoever else will listen, and telling our story.

The Diamondback: Was there ever a time when the process of being part of the case became too much for you?

Dave: The chaos that ensued when Channel 7, CNN and Prince George's cable television station all wanted to interview us on the same day.

Patrick: It's been a thrilling experience, and we've met some

wonderful people. The only time it was difficult was when we found out that we lost.

The Diamondback: What were your reactions to the Court of Appeals ruling?

Patrick: My heart sank. I was devastated and shocked by the judges' opinion and their complete lack of recognition of the discrimination and hardship that we face.

Dave: It figures that a bunch of judges in an ivory tower wouldn't recognize our problems.

The Diamondback: Because the ruling is strictly a matter of state law, it cannot be appealed to the Supreme Court, but is there a next step for you?

Dave: Our next step is to take our arguments to the legislature. We will be heavily involved in Equality Maryland's lobby day and will be meeting with as many delegates and politicians as we can, to continue pleading our case. We are going to try to raise awareness for these issues and keep them in the public eye. We plan to speak at a rally on October 11 for domestic partnership benefits for faculty and staff at the University of Maryland. We also are planning a benefit for Equality Maryland on Saturday, November 3, called "Equality Beats," where a number of bands will come out and support the cause. The event will be broadcast on www.wgay.fm.

The Diamondback: Did you know any of the other plaintiffs before coming together with them on the lawsuit? How close are you now?

Dave: Equality Maryland brought couples together from all over the state. We didn't personally know any of them, but these events have brought us together. We all feel like family now.

Patrick: I hope that we will continue to be in touch with them now, because we all have that common experience of being part of this lawsuit. We will also be in the legislature continuing to tell our stories.

The Diamondback: Patrick, you are one of the candidates for city council, what motivated you to run?

Patrick: Someone asked me just two days before the decision came down whether I would be interested in running. I wanted to give it a lot of thought - running for public office is a major commitment, and I wanted to make sure I could devote the time and energy to it that College Park residents deserve.

One of the most important things I learned from the lawsuit is that we can never get anything they want - whether it's the right to get married or more green space for College Park residents - without working hard for it. While the result of the lawsuit was disappointing, it energized me to continue being out there and fighting for what I believe in.

So on the same day the decision came down, I decided that I wanted to do what I could to serve the community and make life better for College Park residents.

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