Washington Court says no to equality
The Washington State Supreme Court issued their ruling today in a lawsuit brought by same-sex couples hoping to receive equality under the state’s Constitution.
According to an Associated Press article from the Washington Blade, the State Supreme Court’s 5-4 decision rules against 19 same-sex couples who sued the state under the premise that the 1998 Defense of Marriage Act was unconstitutional (state constitution, not Federal Constitution). The ACLU and Lambda Legal defended the 19 couples.
The Constitution of the State of Washington states in Article 1, Section 12: “No law shall be passed granting to any citizen … privileges or immunities which upon the same terms shall not equally belong to all citizens.”
According to an article published by 365gay.com News, the Court ruled that the state legislature acted reasonably in restricting marriage to only those couples who could biologically create children.
The Court also said, however, that the legislature did have the power to repeal the state’s Defense of Marriage Act and extend marriage to same-sex couples:
We see no reason, however, why the legislature or the people acting through the initiative process would be foreclosed from extending the right to marry to gay and lesbian couples in Washington.
It is important to note that the court’s role is limited to determining the constitutionality of DOMA and that our decision is not based on an independent determination of what we believe the law should be. (ruling signed by Chief Justice Gerry Alexander)
In the written dissent, Justice Bobbe J Bridge said:
…if the DOMA is really about the ’sanctity’ of marriage, as its title implies, then it is clearly an unconstitutional foray into state-sanctioned religious belief. If the DOMA purports to further some State purpose of preserving the family unit, as the plurality would interpret it, then I cannot imagine better candidates to fulfill that purpose than the same-sex couples who are the plaintiffs in these consolidated actions.
The ruling from the Washington State Supreme Court is the latest ruling in numerous rulings and pending cases regarding marriage equality. Recently, the New York State Supreme Court ruled against same-sex couples seeking the right to marry. Massachusetts was the first, and the only, state to offer full marriage equality to same-sex couples.
Several LGBT rights groups have already issued statements condemning the ruling:
“This reliance on procreation is a ruse for legalized homophobia and justification for a second-class citizenship for LGBT Americans,” said Davina Kotulski, Executive Director of Marriage Equality, a national group seeking same-sex marriage rights. “Same-sex couples are having and raising children together too - why should their families be harmed based on how the children were brought into the family. Plenty of different-sex couples marry and never have children or adopt children or have children from other relationships. The court’s rationale is not rational and this decision simply will not stand the test of time, ” she said.
“The American family is strengthened when the legal responsibilities of marriage which protect children, stabilize homes and secure relationships are provided equally to all couples,” said Jo Wyrick, National Stonewall Democrats Executive Director (& former EqualityNC Executive Director). “Washington State has an economic and social interest in promoting the stability of the family, and it is stunning that the Washington State Supreme Court would base its ruling on personal opinion rather than on law.”
Parents Families and Friends of Lesbians and Gays called the ruling “deeply disappointing”.
“One of the first fears a parent has when they discover they have a gay, lesbian or bisexual son or daughter is that their child will be denied the basic right to get married,” said Marcie Mathis, the Pacific Northwest Regional director for PFLAG. “While many gay and lesbian couples choose to have a commitment ceremony and start families, this decision leaves them continuing to lack the basic and essential legal protections for their children and for themselves that only legal civil marriage can provide.”
Matt, 22, is an LGBT journalist, activist and youth advocate currently living and working in Charlotte, N.C., where he serves as the Editor of Q-Notes, the Carolinas' LGBT news source. A native of Winston-Salem, N.C., Matt attended the University of North Carolina at Greensboro and is still continuing to pursue his bachelors degree. He is the Owner & Editor of InterstateQ.com and has been active in LGBT advocacy work since the age of 14.
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