Washington state gay marriage ban ruled illegal

[FORD]

Wash. state gay marriage ban ruled illegal

Olympia, WA, Sep. 7 (UPI) -- A state judge Tuesday ruled the State of Washington's ban on same-sex marriages was an unconstitutional form of discrimination.

Thurston County Superior Court Judge Richard Hicks said Washington's constitution prohibited granting a particular right to one group of people while denying it to another.

In his 28-page opinion, Hicks said marriage was a form of contract that had a strong governmental component and also had a significant potential impact on the children of a relationship.

He also wrote the issue of homosexual marriage, as far as the state was concerned, was strictly a legal one and not an issue of morality because, "Democracy means people with different values living together as one people."

The ruling came in a challenge to Washington's 1998 ban on gay marriage.

The Seattle Post-Intelligencer said Hicks didn't rule on whether the Legislature could get around the constitutional dilemma by creating other forms of civil unions.

[FORD]

Thurston judge rejects state ban on gay marriage

SCOTT GUTIERREZ THE OLYMPIAN

OLYMPIA -- A Thurston County judge became the second to strike down Washington's ban on same-sex marriages, setting the stage for a review by the state's highest court.

The 1998 Defense of Marriage Act, which defines marriage as a union between a man and a woman, violates the state constitution because it denies a "fundamental" right to a class of people, Superior Court Judge Richard Hicks ruled Tuesday.

"When the government is involved, one part of the community cannot be given a privilege that is not given to other members of the community unless the government can demonstrate how that discrimination furthers the benefit of the entire community," the judge wrote.

The judge's 38-page opinion was released Tuesday following attorneys' arguments in court last week over a lawsuit filed by the American Civil Liberties Union on behalf of 11 same-sex couples from around the state.

A lawsuit in King County also resulted in a judge overturning the law in August.

The King County decision was stayed, which means none of the plaintiffs can apply for a marriage license until the case is resolved. Both sides in the Thurston County case expect a similar agreement.

The lawsuits were filed after Massachusetts earlier this year began allowing same-sex couples to marry.

The Washington cases are expected to be joined for fast-track appeal to the state Supreme Court.

Paul Lawrence, the attorney handling the case for the ACLU, said he expects the Supreme Court to hear oral arguments by early next year and a decision from the court four to six months later.

"We think the two decisions complement each other well, and taken together they strengthen the case as we go forward to the state Supreme Court," Lawrence said.

The state, defended by the Attorney General's Office, contended that the law was enacted to preserve the traditional definition of marriage, built around procreation between a man and a woman.

Hicks noted that same-sex parents can have children through artificial insemination and adoption and that the law might actually harm children raised by same-sex couples because it doesn't offer the same legal binding for parents to promote stability in the relationship.

"The overall community concern with children is permanency planning on their behalf. Yet, the state does not require the permanency of a binding contract between same sex couples the way it requires such a contract with opposite sex couples," he wrote.

Olympia plaintiff

Alan Fuller, an Olympia man who is one of the plaintiffs, said he was checking the Internet on Tuesday morning because he knew the judge had promised an opinion this week. Fuller, 39, has been with his partner, Jeff Kingsbury, for 12 years.

"I'm very excited. It's a monumental decision. I think it's a lot bigger than people realize at the moment. I think it's guaranteed to open a lot of doors for a lot of people," he said.

Fuller, originally from Toledo, Ohio, moved to the Northwest with Kingsbury after meeting while working on a production there. Kingsbury is the artistic director for the Capital Playhouse.

Fuller said they realize that getting legal recognition of their relationship is far off.

"But the issue is here and it's not going to go away, and it is only going to creep forward and it's not going to go back," he said.

The lawsuits contend that the law unfairly discriminates against same-sex couples and denies them rights heterosexual couples enjoy, such as access to family courts, community property laws, parental rights and the ability to make health care decisions for each other.

Most of the plaintiffs are in long-term relationships, with one couple together for 32 years. They include a firefighter, an attorney, an administrative law judge and a professor, and come from around the state. Some are raising children together.

The judge found homosexual couples to be a "suspect" class, such as those of a certain race or gender.

Thus, any law denying them a fundamental right must face strict judicial scrutiny.

"Although encouraging more family stability is a compelling state interest, the statutes do not further that interest and are not narrowly tailored to do so," he wrote.

The judge pointed out that for at least "two generations we have understood 'family' as something more than a man mating with a woman to have a child." He also said that allowing same sex marriages would not threaten the stability of heterosexual relationships.

Ban backers

Some proponents of the ban were not thrilled with the judge's ruling.

Bob Mischel, a retired mechanic from the Olympia brewery who now works as a chaplain at the Cedar Creek Correctional Center near Littlerock, disagreed with the notion that marriage is a constitutional right entitled to same-sex couples.

He said it's important to preserve the traditional marriage structure for the well-being of children.

"It's one of the things I think we need to preserve and I see this as tearing it down and not building up," he said.

"Every one of our constitutional rights is not absolute. Each one of them has a governing condition."

Jeff Kemp, president of Families Northwest, said in statement that he was disappointed, but not surprised by the decision.

"What is new here is the judge saying in his conclusion that the morality of one class of people somehow trumps what society, and an overwhelmingly bipartisan majority of elected officials, have determined to be the definition of marriage in Washington," he said.

right, Jeffy.... maybe we should all get our morality from failed third string football players instead :rolleyes:

Washington is one of 39 states that passed laws prohibiting same-sex marriages or the recognition of same-sex marriages performed elsewhere. The federal government enacted its Defense of Marriage Act in 1996.

Hicks turned down a request from the state to decide whether it would be constitutional to give same-sex unions the same benefits as couples in heterosexual marriages. He said trial courts should not give advisory opinions to the Legislature.

He also sidestepped a 1974 state Supreme Court case in which the courts found denying a same-gender couple a marriage license did not violate the state's Equal Rights Amendment. However, he said the case "cries out for re-examination by a higher court."

"It was handed down at a time, and under facts, where simply the status of being a homosexual was by that fact alone sufficient to be terminated as a public school teacher," Hicks said. "Today, homosexuals openly hold many responsible positions in the community, including many that work with children."

[Warham]

Doesn't mean anything until the State Supreme Court rules on it.

Just ask San Fransisco Mayor Gavin Newsom.

[BigBadBrian]

FORD and his partner are celebrating. :bottle: :spank: :blow: