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Washington State Supreme Court Upholds Discriminatory Law Excluding Gay and Lesbian Couples From Marriage
Advocates for individual liberty were deeply disappointed today by the Washington State Supreme Court's decision in Andersen v. King County and Castle v. State of Washington.
By a narrow margin, the Washington Supreme Court held that the state's law prohibiting same sex couples from marrying is constitutional.
What does the opinion say?
The court's slim majority of five justices reasoned, in three separate concurring opinions (called a "plurality") that the people of Washington state do not have a fundamental right to marry the person of their choice if that person is of the same sex. The justices also stated that the legislature could rationally decide that prohibiting same-sex couples from marrying promoted the state's interest in encouraging opposite-sex couples to have and raise their biological children. Three of the justices noted their discomfort with this decision and encouraged the legislature to step in to examine the state's marriage laws.
What did the dissenting justices say?
The four dissenting justices argued that the state law prohibiting same-sex couples from marrying is obvious and pointed discrimination - an act of animus clearly prohibited by several provisions of the Washington Constitution. In the words of Justice Bobbe Bridge, "the DOMA [Defense of Marriage Act] denies fundamental human rights to Washington's gay and lesbian citizens, human rights that impact the very core of their everyday lives."
As Justice Mary Fairhurst stated, "[a]s much as the plurality would like to deny the discriminatory impact of its decision to uphold an unconstitutional law, that is the plurality's result."
All four dissenting justices would have found the DOMA invalid for its violation of the constitutional rights of gay and lesbian people.
Is this the final word on whether same-sex couples can be denied the right to marry in Washington?
The Washington Supreme Court is the final authority on Washington laws and our state constitution. There is no appeal from today's decision.
However, the legislature or the people of Washington could decide to change the law and permit same-sex couples to marry.
This is not the first time that a court has endorsed discrimination, only to correct their decision at a later date. We remain hopeful that a more enlightened, educated judiciary will correctly interpret the constitution next time this question comes before them.
What does this decision mean for gay and lesbian families in Washington?
Gay and lesbian families in Washington will continue to enter into committed and loving relationships and to have and raise children. Advocates for individual liberty will continue to work towards the recognition and protection of gay and lesbian families.
What does this mean for all families in Washington?
The people of Washington should be alarmed that our state Supreme Court has found that we as individuals do not have a constitutional right to marry the person of our choice, and that state-sanctioned discrimination is still permissible in the 21st century. Under the court's reasoning today, the state could decide that it will only grant marriage licenses to people who can prove that they can and will have children. The state could decide not to allow older people to marry, or deny marriage to infertile couples. This opinion threatens everyone's freedom.
While this page will answer some questions about marriage equality in Washington, it may also raise other questions about the rights of lesbians and gay people and their families. Send us your e-mail address. We'll send you updates and more legal information.