Washington State Supreme Court Upholds BAN on Gay Marriage

www.ap.org | 7/26/06 | AP

[goodnesswins]

Washington Supreme Court has issued ruling upholding Washington State's BAN on Gay Marriage

[detsaoT]

Wow, commonsense has reigned in the Court? In Washington State? Colour me shocked!

[brivette]

Justice prevails!

[Fury]

Noooooooooo!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[jla]

Morality and U.S. Constitution wins ping

[domenad]

Looks like we're on the way. The left liked the phrase stare decisis when it was applied to Roe V. Wade, let's see how they like it now.

[randog]

Huh? I saw a news report this morning that hinted that this might go in the homos' favor.

[dirtboy]

I can see the activists now, calling the judges homophobes in black robes.

[HostileTerritory]

Does anyone have a working link?

[goodnesswins]

YEP....local radio hosts (pretty conservative) are surprised too....but, IT MIGHT be a new wind blowing....

[goodnesswins]

NO....I got it from the radio news gal who was reading it as it came across her AP wire

[yellowdoghunter]

There are going to be some pretty upset people today....maybe even some here at FR.

[Mr. Brightside]

I realize this is a state court, but I still believe that Bush's conservative picks for the high courts have had a conservative effect on the lower courts, including state courts.

If Gore or Kerry had won, I think a lot more state courts would be wanting to spread their wings.

[Pukin Dog]

WHOOOOOOOOOOO!

The media predicted they would go the other way.

Seattle on Suicide watch!

[pissant]

You may be right.

[Horatio Gates]

KOMO TV has a blurb on it...

http://komotv.com/stories/44579.htm

[jla]

There are going to be some pretty upset people today....maybe even some here at FR.

I agree, on both pts.

[RebelBanker]

Here is MSNBC's story:
http://msnbc.msn.com/id/12549069/

[djf]

KING5 in Seattle has been bragging all night that AS SOON as the decision was announced, they would break in and post it.

I've had the tube on since about 4:30 this morning... no announcement.


But it IS on their website.

http://www.king5.com/topstories/stories/NW_072606WABgaymarriage_banLJ.5b31ef6.html

[sionnsar]

Thanks to goodnesswins for the ping.

Say WA? Evergreen State ping

FReepmail sionnsar if you want on or off this ping list.

Ping sionnsar if you see a Washington state related thread.

[tioga]

Praise God. A common sense ruling.

[jazusamo]

As a Washington resident I am very surprised.

[Between the Lines]

Since the state Supreme Court upheld the Defense of Marriage Act, it is the end of the line for the 19 gay couples involved in the lawsuit. The couples can not appeal the ruling as the challenge is based on state constitutional law, and the Washington Supreme Court holds final authority in the case. Only a state or U.S. constitutional amendment can reverse the state supreme court’s decision.

The lefties shouldn't have taken this one to the courts. They have locked themselves out of gay marriage in Washington indefinitely.

[hunter112]

Same here. I don't care one way or the other about the issue (it doesn't affect me personally) but asking state supreme courts to interpret state constitutions (written by people who would have been violently opposed to homosexuality) to say that they allow gay marriage was a losing tactic. Sure, there is an aberant court over in Massachusetts that did just this, but it clearly created a backlash, the results of which are still spreading across the country.

What I'm glad about is that the tactic of using state supreme courts to do an end run around the will of the people is dying. The gays should have tried to simply go for civil unions, but by trying to bite too much of the apple, they get almost nothing.

[Ghost of Philip Marlowe]

Why? Has there been debate in favor of gay marriage on FR?
I can't believe I saw none of it if there was.

[Between the Lines]

Forty-five states now have either state constitutional amendments banning gay marriage or state statutes outlawing same-sex weddings.

I honestly believe that had the gays gone for civil unions instead of gay marriage there would now be a majority of states permitting civil unions. But they got militant and demanded gay marriage so now they are stuck with little of nothing.

[jazusamo]

What I'm glad about is that the tactic of using state supreme courts to do an end run around the will of the people is dying.

I'm glad for that reason also and that's what surprised me about this court.

[Ultra Sonic 007]

It seems the the love that dare not speak its name is finally being told to shut up.

[hsalaw]

The case name is Anderson vs. King County, and can be found on the Washington State Supreme Court site. (I don't know how to post a link.) The opinion contains LOTS of editorializing, including this in the opening paragraph

Our decision accords with the substantial weight of authority from courts considering similar constitutional claims. 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.

[yellowdoghunter]

There have been those who don't come right out and advocate homo. marriage but they promote arguments that would lead one to believe that they are for homo. marriage.

However, they have been pretty quiet lately with all the courts coming down in favor of banning homo. marriage.

[goodnesswins]

You can read the ruling here....

http://www.courts.wa.gov/newsinfo/?fa=newsinfo.internetdetail&newsid=707

[hunter112]

The initiative process will take over immediately on this, you can bet on it. The WA Supreme Court just gave that a green light. About the only way to diffuse that is for the Legislature to pass some sort of civil union statute. It takes the steam out of a gay marriage initiative.

[mware]

I dont think the dems will want to ride against this wave. How many states does that make it that have voted this way. I know NY did just last week.

[Snardius]

The gays should have tried to simply go for civil unions, but by trying to bite too much of the apple, they get almost nothing.

Well, they'll always have each other...

[goodnesswins]

Post 27 says 45 states now....

[ohioWfan]

Morality, Law, Common Sense...........from the state of Washington!

Pinch me!! This can't be real.....

[The Electrician]

Wow, that was quite a slapdown to judicial activists. Sure put them in their proper place, lecturing to them about the way that they are supposed to do their jobs...

[Alexander Rubin]

Wow. That's unexpected good news.

[ohioWfan]

Bingo!!

Bush's conservative court picks are moving the whole country to the right and quelling the leftist demands.

GOOD!

[ShandaLear]

Excellent! Such good news today!

[bigfootbob]

Take a look at the Seattle PI. The Seattle sissies are freaking out. They have an on-line poll running. 62.5% pissed at the ruling, 32.8% approve.

We are gonna see and hear some interesting things in the next few weeks. Suburban Republican leg. candidates were just handed a campaign issue they'll be able to win on.

Can you hear me now, cybercowboy777?

[polymuser]

IOW, "Keep on fighting, Q warriors. We're sorry, but had no choice on this one, or we'd get in real trouble ourselves. Hope you understand. Hugs & kisses."

[redfog]

Note that the ban was upheld by the smallest of margins: a 5-4 vote.

Another reminder of the importance of electing conservatives judges or electing representatives who will appoint conservative judges.

[Soul Seeker]

I'm shocked.

Pleasantly, but I'd about given up on the Court to do the right thing here.

[Captain Rhino]

Applying the current case law that governs our decision and the narrow issues on which the plaintiffs requested we rule, we hold that the plaintiffs HAVE NOT established that the Washington State Defense of Marriage Act is unconstitutional under the state privileges and immunities clause, article I, section 12, the state due process clause, article I, section 3, the state constitution’s privacy 61 No. 75934-1 (consol. w/75956-1) provision, article I, section 7, or the state’s Equal Rights Amendment, article XXXI, section 1. We reverse the decision of the King County Superior Court in Andersen and the decision of the Thurston County Superior Court in Castle. Justice Barbara A. Madsen AUTHOR: WE CONCUR: Chief Justice Gerry L. Alexander Justice Charles W. Johnson

The critical portion of the ruling(emphasis added). The justices seem to have foreclosed multiple avenues of reattack by gay marriage activists in broadly ruling that the DOMA is within current case in state privileges and immunities, state due process, state privacy, and the state’s Equal Rights Amendment.

[ShandaLear]

Me too. I was hoping they'd make the right decision, but wasn't confident.

[djf]

Not surprised. Reading the analysis, it goes back and forth.

Here's an interesting tidbit...

A “‘careful description’ of the asserted fundamental liberty interest” is required, and the Court has noted that “[b]y extending constitutional protection to an asserted right or liberty interest, we, to a great extent, place the matter outside the arena of public debate and legislative action. We must therefore ‘exercise the utmost care whenever we are asked to break new ground in this field . . . .’”.

Fundamental liberty interests include the right to marry, to have children, to direct the education and upbringing of one’s children, to marital privacy, to use contraception, to bodily integrity, and to abortion.

[hsalaw]

Wasn't Washington one of the states which enacted a gay marriage ban in 2004? Or was that Oregon? There were 11 or 12 states which enacted such bans by initiative in 2004, and I can't recall if Washington was one of them.

[TheConservator]

The real surprise here is that Alexander voted with the majority to uphold DOMA.