Same-sex marriage in Washington
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| Same-sex marriage |
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| Performed nationwide in |
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Netherlands (2001) |
| Performed statewide in |
| Massachusetts, USA (2004) |
| Foreign same-sex marriage recognized in |
| Israel (2006) |
| Debate in other countries and regions |
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Argentina |
| See also |
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Civil union |
Same-sex marriage is not recognized in Washington state. A decision in two cases that were on appeal to the Washington Supreme Court could have made Washington the second U.S. state to recognize these unions. Oral arguments were heard on March 8, 2005, and in July, one of the justices indicated a ruling would very likely happen before the September primary election in the State. Several justices were to be up for re-election, and some had speculated the Court may have held off on its controversial ruling until after the elections. The 5-4 split decision was handed down on July 26, 2006, with the final decision to overturn the lower trial court rulings, effectively stating that the state legislature was within its Constitutional right to limit a privilege to opposite-sex couples only. The state's ban on same-sex marriage (the Defense of Marriage Act of 1998) is thus upheld, though the court did note that this ruling does not prevent the legislature from changing state law to allow same-sex marriage, and three majority justices in the case invited the state Legislature to take another look at the gay marriage ban's effect on same-sex couples.
On January 11th, 2007 Washington State legislators proposed two bills, one for full same-sex marriage rights and one for domestic partnerships. Republicans have said they will oppose both bills.[1]
Contents |
[edit] Civil suits for same-sex marriage
[edit] Andersen case
- March 8, 2004: Six same-sex couples, backed by Lambda Legal, file suit challenging the constitutionality of Washington's Defense of Marriage Act. The four constitutional claims are based on due process, privacy, equal protection, and gender equality.
- August 4, 2004: King County Superior Court Judge William L. Downing issues an opinion in Andersen v. Sims that said the state has no rational basis for excluding same-sex couples from the rights and benefits of marriage. The decision concluded that the state law limiting marriage to opposite-sex couples violated sections of the constitution that required due process and equal protection of the laws. Full marriage was not required, but the opinion at least mandated the creation of a "civil union" status that gave all marriage rights and benefits. These requirements did not go into effect, however, because the opinion was stayed pending appeal to the Washington Supreme Court.
[edit] Castle case
- April 1, 2004: Eleven same-sex couples, backed by the American Civil Liberties Union, file suit challenging Washington's laws that bar same-sex couples from marrying. It also seeks recognition of marriages performed legally in other jurisdictions.
- September 7, 2004: Thurston County Superior Court Judge Richard D. Hicks issues an opinion in Castle v. State that said the state marriage laws violated the equal protection of privileges and immunities clause of the state constitution. The ruling was combined with the Andersen case on an appeal to the Washington Supreme Court.
[edit] Andersen v. King County
The two cases, Andersen v. Sims and Castle v. State, were consolidated for supreme court review. The consolidated case was named Andersen v. King County.
- March 8, 2005: Oral arguments are heard by the Washington Supreme Court.
- July 26, 2006: The Washington Supreme Court handed down its ruling (5-4 in favor of overturning the lower trial court rulings). The majority opinion focused on the constitutionality of the legislature's actions, which enacted the Defense of Marriage Act limiting the privileges of marriage to opposite-sex couples.
- August 29, 2006: Lawyers for the same-sex couples filed their motion under Supreme Court rules that allow either side in a lawsuit to seek reconsideration of a decision. The Court could reject the motion, ask the state for a written response, reverse their decision, or agree to re-hear oral arguments. There is no timetable, and requests are rarely accepted.[1]
[edit] Initiative 957
On January 10, 2007, a group calling itself the Washington Defense of Marriage Alliance filed Initiative 957 to put one part of the Andersen decision into law by making procreation a requirement for all marriage in Washington State. The stated rationale is to prompt public examination on the premise that marriage exists for the purpose of procreation and to create a test case whereby Andersen could be struck down as unconstitutional.
[edit] References
- ^ Turnbull, Lornet (2006). Second Look at Gay Marriage? The Seattle Times, August 30, 2006, accessed online: http://seattletimes.nwsource.com/html/localnews/2003234852_reconsider30m.html.
[edit] External links
- Andersen v. Sims - August 2004 decision from the Superior Court in Washington State legalizing same-sex marriage. The decision awaited confirmation by the Washington Supreme Court before licences would have been issued, but was overturned.
- Andersen v. King County - the July 2006 decision from the Washington Supreme Court that overturned the lower trial court rulings.
- Links to PDF articles on all 6 Washington Supreme Court opinions issued over Andersen v. King County.
- WA-DOMA.org - the website of the Washington Defense of Marriage Alliance.
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