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Did you know? There is a case pending in the Washington State Supreme Court on the constitutionality of the Defense of Marriage Act, which bans same-sex marriage.

NEW: the Washington State Working Group for Marriage Equality has published a list of Frequently Asked Questions about the Supreme Court decision.


Marriage Equality in Washington State, by Lonnie Lopez
According to the 2000 census, there are approximately 15, 900 same-sex couples living in the state of Washington [1]. King County alone is home to nearly 7,751 same-sex couples, 4,089 male couples and 3,662 female couples [2]. Vashon Island has the highest percentage of same-sex partner households of any community in the state, followed by the city of Seattle and the Bryn Mawr-Skyway community south of Seattle [3].

In March 2004, the Northwest Women’s Law Center filed suit on behalf of eight King County couples to force King County to issue marriage licenses to same sex couples. The plaintiffs include Heather Anderson and Leslie Christian, Johanna Bender and Sherri Kokx, Janet Helson and Betty Lundquist, Peter Ilgenfritz and David Shull, David and Michael Serkin-Poole, Vegavahini “Vega” Subramaniam and Vaijayanthimala “Mala” Nagarajan, Michelle Esguerra and Boo Torres De Esguerra and Beth Reis and Barbara Steele [4]. In August 2004, Judge William Downing ruled that gay couples can marry under Washington state law, noting that the couples petitioning the court “know what it means to make a commitment and to honor it.” [5]

In April 2004, the ACLU filed suit in Thurston county on behalf of eleven couples fighting for equal marriage rights. The plaintiffs in this case are Brenda Bauer and Celia Castle, Pamela Coffey and Valerie Tibbett, Gary Murrell and Michael Gyde, Judy Fleissner and Chris Gamache, Kevin Chestnut and Curtis Crawford, Jeff Kingsbury and Alan Fuller, Lauri Conner and Leja Wright, Allan Henderson and John Berquist, Marge Ballack and Diane Lantz, Tom Duke and Phuoc Lam, and Karrie Cunningham and Kathy Cunningham [6].

Judge William Downing, in the Anderson case, and Judge Richard Hicks, in the Castle case, both ruled that Washington’s Defense of Marriage Act, which restricts marriage to a man and a woman, violates the Washington Constitution. The State of Washington, King County, and a group of legislators, ministers and religious organizations appealed these decisions to the Supreme Court, which accepted direct review.

Under the consolidated caption Heather Anderson and Leslie Christian, et al. v. King County et al, State of Washington, et al., and Senator Val Stevens, et al. and Celia Castle and Brenda Bauer, et al. v. State of Washington, the case was heard before the Washington State Supreme Court at 1:30 pm on Tuesday March 8, 2005. The NWLC, along with co-counsel Lambda Legal, and the ACLU of Washington defended the decisions of Judges Downing and Hicks. In responding to their appeal, the Law Center and Lambda Legal argued that DOMA violates the Constitution’s Privileges and Immunities clause, violates the state Equal Rights Amendment, and deprives our plaintiff couples of due process by depriving them of the fundamental right to marry.

We are currently awaiting the court’s decision. To be notified when the Supreme Court reaches a decision, please click here, or stay tuned to our blog!

References:
1. gaydemographics.org
2. gaydemographics.org
3. http://seattlepi.nwsource.com/local/31011_census12.shtml
4. http://www.nwwlc.org/rightslesbiangay/marriage_equity/press.htm
5. http://seattletimes.nwsource.com/html/localnews/2001997225_gaycouples05m.html
6. http://www.aclu-wa.org/MarriageEquality/plaintiffstatements.html