Legally married, rights denied?

David Roe

Steve Dolske and David Roe were among 18,000 same sex couples who were legally married in the five months gay marriage was legal in 2008. Dolske says a North Park pawn shop won’t let him retrieve a ring his late spouse pawned there because they told him he is not the next of kin.

David Roe pawned a ring Dolske had given him for $45 on Aug. 10, 2010, and if he wanted it back, David needed to return to the pawn shop by Dec. 20, 2010 and pay $54, the receipt says. Roe, 38, died Dec. 13.

Dolske said he went into the Royal Loan pawn shop to get the ring, but was told his marriage certificate is not proof that he is the next of kin. Dolske said Roe’s mother, who lives in Kansas City, would have to show up to get it, but she can’t fly to San Diego to get a ring.

“They don’t honor a marriage license as next of kin,” said Dolske. “(They) want to make money on it.”

Dolske said he purchased the ring for $450 and gave it to Roe. He said it was a 14-carat gold diamond cluster, and would be willing to buy it back for the $54 fee.

A representative of Royal Pawn, Ken Bartel, said Monday he did not know specifics of the transaction, but repeated what is stated on all their pawn slips.

“Our loan contract is included on the back of our pawn tickets and states in bold letters: ‘No spouse may act as agent for borrower,’” said Bartel.

“Often times we are put in these types of positions and it is always awkward. The couple could be divorced or the deceased may have had a child or other relative who they planned to give the item to,” stated Bartel in a written response to San Diego LGBT Weekly.

“We feel bad for the loved ones, but our hands are tied,” said Bartel.

According to its website, Royal Loan is a member of the San Diego Pawn Brokers Association and a member of other pawn broker groups. They have a broker’s license, and the website says they are family owned and operated.

Dolske said he’s afraid the ring has already been purchased by someone else. He said he could not afford to buy it back for double or triple the pawned amount.

“I’m still grieving very heavily. Every day it is hard to get out of the house,” said Dolske.

“Gay marriage should be accepted. The state recognized it. A judge married (us),” said Dolske.

Editor’s Note: Your spouse isn’t your next of kin? In California, if you die without a will, your assets go to your surviving spouse and your children. The only question seems to be whether Roe had surviving children, which he did not. San Diego LGBT Weekly has suggested an attorney for Steve Dolske. This story illustrates the issues that same-sex couples that are legally married face in reality. I wonder if a heterosexual spouse would have had the same experience.

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