WA Marriage Equality Case Fails

July 26, 2006

OLYMPIA—In a contentiously worded, 5-4 decision, Washington State's highest court refused to overturn the state's ban on marriage equality.

In the Court's decision on a set of consolidated cases, the majority held that the state's Defense of Marriage Act (DOMA) was not unconstitutional.

The majority opinion held out some hope that the state legislature could repeal DOMA and enact legislation extending marriage or marriage rights to same-sex couples. 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, the ruling, signed by Chief Justice Gerry Alexander, said.

The Court seemed to rely on many of the same arguments that marked the recent New York decision, particularly the issue of same-sex parenting and the traditional understanding of marriage.

Disappointed supporters, who had been waiting for the decision for over a year, vowed to seek legislation to do just that.

The decision was marked by blistering dissents and concurring decisions that seemed to indicate the high level of disagreement that split the court.

The decisions can be found on the Washington State Supreme Court web site in PDF format, along with related documents.

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