WA State Supreme Court set to issue gay marriage decision

motivez · 07-25-2006, 06:33 PM

OLYMPIA, Wash. -- The state Supreme Court expects to issue its long-awaited ruling Wednesday in a case challenging the state's gay marriage ban, justices announced.

The news surprised those who expected a decision after the fall elections, and sent supporters and opponents of gay marriage rushing to prepare for the ruling.

If the state's 1998 Defense of Marriage Act is overturned, Washington would become the second state after Massachusetts to allow gay and lesbian couples to wed.

Sleep will be difficult while awaiting the court's decision, said David Shull, 47, a plaintiff in the case.

"After 16 months, it's just stunning," Shull said in a phone interview from his south Seattle home. "But it's thrilling, it really is exciting."

The court's short announcement, posted on its Web site Tuesday, gave no indication of how it might rule.

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Court officials did say that concurrences and dissents would accompany the majority decision, raising the possibility of several separate opinions from the nine justices.

The 38 plaintiffs in the case - 19 gay and lesbian couples seeking to marry - challenged the constitutionality of the state law limiting marriage to heterosexual couples.

In 2004, judges in King and Thurston counties overturned the marriage law, citing the state constitution's "privileges and immunities" section. The cases were consolidated for Supreme Court review.

In arguments before the Supreme Court in March 2005, plaintiffs' attorneys argued the gay marriage ban violates a constitutional prohibition against granting privileges to one group of citizens and not another. They also argued the ban violates the state's Equal Rights Amendment.

Attorneys defending the marriage law said the state has a rational reason for limiting marriage to heterosexual couples, because the state has an interest in regulating relationships that produce children.

Gay marriage supporters were cautiously optimistic Tuesday they would prevail.

"We have lots of hopes and reasons to think the state is ready to embrace marriage for same-sex couples," said Jennifer Pizer, an attorney on the case for Lambda Legal.

One leading opponent in the case, Gary Randall, president of the conservative Faith and Freedom Network, said gay-marriage foes generally expect to lose, despite polling he said shows opposition to same-sex marriage in the state.

"That would be a very unpopular decision among the faith community, both among Protestants and Catholics," Randall said.

Speculation about the timing of the court's ruling has run rampant in the months since the case was argued, with many believing justices would wait until after the election cycle to issue their ruling. Three of the court's justices are running for new terms this fall.

But last week, Justice Susan Owens told The Associated Press the ruling would come before the state's Sept. 19 primary.

Rep. Ed Murray, the state's senior openly gay lawmaker, said he had no criticism of the long wait.

Murray, D-Seattle, added that he and his longtime partner, Michael Shiosaki, "will either plan on getting married on our anniversary, Aug. 10, in a small ceremony, or we will be disappointed."

"We are personally on a bit of a roller coaster, but hopeful," Murray said.

Forty-five states have either state constitutional amendments banning gay marriage or state statutes outlawing same-sex weddings. Congress recently rebuffed a move to pass a constitutional amendment banning same-sex marriage.

It's going to be interesting to see whether or not they ultimately decide to allow gay marriage or not.

I still think that this isn't a states issue because there are federal rights granted to couples upon being issued a marriage license, and I don't believe states have the power to decide discrimination is acceptable.

imind · 07-25-2006, 08:44 PM

i agree with you, and i eagerly await this decision. FTR, i am not gay, but it killls me to know this sort of discrimination happens and is condoned.

JaJae · 07-25-2006, 08:50 PM

I can't believe how stupidly popular this debate is. Why anyone would care this long about preventing gay marriage just boggles my mind. It's like anti-abortion, PETA, etc activists with nothing better to do or think about.