Gays fight for golf rights

The rights of gay golfers could be settled in a landmark lawsuit in California, with far-reaching implications.

Birgit Koebke, a 46-year-old German-born television executive is suing Bernardo Heights Country club in San Diego because it refuses to recognise her gay partner Kendall French as her spouse and insists she pays green fees to play.

Married couples at the club get the privilege of free green fees for either spouse and for their children or grandchildren, but Ms Koebke is restricted to only six rounds a year for her partner. After that Ms French must pay the $70 green fee.

The couple have also taken every legal step in their power to declare themselves spouses. Although they cannot marry in the state of California, the two women have registered as domestic partners in the city of San Diego and the state of California, which has enacted a sweeping domestic partnership law.

Initially the pair, who have been partners for ten years, were welcomed by other members and club officials but since May 2001, when they initiated their legal action, their reception has been frosty.

According to Golf for Women magazine, that was the month that Koebke and French filed their lawsuit against the country club, asserting discrimination based on sexual orientation, in what is believed to be the first civil case of its kind in the U.S.

"I pay dollar for dollar the same dues as a family, and I have the same financial responsibility as every member -- but I only have privileges for one," says Koebke "It's a double standard, and it's not right."

They lost the first round last summer and have now appealed.

The Koebke lawsuit comes at a time of increased activity in the area of discrimination highlighted in the refusal of Augusta National, hosts of the US Masters to appoint a woman member. Gay rights is also a thorny question, though scores of cities and some 30 counties recognise some form of gay partnership and provide protection against discrimination in employment, health and housing.

"Under California law, Kendall and I can do just about everything but play golf together at Bernardo Heights Country Club," Koebke says.

Koebke played regularly in a Saturday women's foursome but on Sundays, the women played with their husbands. If Koebke wanted to play with French, she had to use one of her six guest passes.

Koebke tried to change the club rules with a series of petitions but was constantly voted down.

In January the club wrote to Koebke saying it "does not discriminate against gays" and that the board would welcome a membership application from French, "which, assuming approval, would enable you to play golf together whenever you wish as well as enjoy all other membership privileges."

After years of discussion, the club was insisting on treating them as two individuals, it was even going to charge members a surcharge to fight the case.

"What they really meant was 'buy another membership for Kendall,'" said Koebke, who added they could have walked away but didn’t want to look in the mirror in ten years time and admit they had been scared off.

"Even though it's been challenging, expensive and emotionally draining, I think standing up for what you believe in is very empowering," says French, who claims the club had made exceptions for others, including a few unmarried heterosexual couples.

Now being fought on their behalf by Lambda Legal Defense Fund, the nation's oldest and largest legal aid group for gay civil rights the couple are confident they can overturn the initial judgement though a decision is not likely until 2004.

The two women rarely go to Bernardo Heights these days, even though Koebke is still paying her monthly dues and meanwhile, they still play golf on public courses or with friends at other clubs including Torrey Pines.

Says French: "We meet a lot of interesting people that way. Golf is such a friendly game."