Gay Marriage Debate Goes To The State Supreme Court
The court is deciding whether gays and lesbians in our state have the right to get married. Meanwhile, thousands of people rallied for and against the cause outside the courthouse.
But the justices of the Supreme Court are supposed to be insulated from all of this outside pressure. They're just focusing on the letter of the law.
It won't be easy because each side in the case says the constitution clearly supports their position.
"The question of same sex marriage is very important in Washington but all over the United States," assistant Attorney General William Collins told the court Tuesday.
In fact, the entire country is watching very closely what happens here as the demand for gay marriages grows in strength.
"We are here to ask merely that Washington fulfill the promise of liberty and equality to all of its citizens," said gay marriage attorney Patricia Novotny.
Two of those citizens include Johanna Bender and Sherri Kokx, who seek to be married in King County and filed suit when they couldn't.
"We have equal protection under Washington state law and that's guaranteed by the Washington State Constitution," Bender said.
"It's extremely important to us," Kokx said. "We are raising two children and there are over 420 benefits in the state of Washington that go along with being married."
But opponents of gay marriage turned out in big numbers to say that's just not true when it comes to marriage.
"People have their dignity, people have their rights, we have all our constitutional rights," said gay marriage opponent Jeff Kemp. "But there is no constitutional right to redefine marriage."
Collins told the court: "There is no history and tradition of same sex marriage in the state of Washington, your honor, none at all."
And that's the challenge for the state's highest court. The legislature passed the Defense of Marriage Act in 1998 saying marriage is a union between a man and a woman.
Is that constitutional? Or should it be overturned? Those opposed to gay marriages say it put those couples into a special class.
"I think the constitution lays it straight out about what equal rights are for every one and is what is going on today is they are going to decide whether they're going to give one set of one group of people special rights," said gay marriage opponent and pastor Ken Hutcherson.
But Bender replied, "I respectfully disagree. Two trial courts have already explained in very clear eloquent terms that we are entitled to the same, no more, but the same benefits and protections as any other married couple."
The legal briefs are in; the oral arguments are over. Now, we wait. It could take several months for the Supreme Court to make its ruling on whether the Defense of Marriage Act is constitutional.
Big Debate Rages Outside
Meanwhile, State Supreme Court justices couldn't have missed the passionate debate over same sex marriage just outside their doors.
People from across the state gathered on the Capitol grounds before the court convened. It was a passionate debate.
"Where do we draw the line on the sanity?" a man opposed to gay marriage yelled.
"You are full of fear and hate," replied a man holding a sign that read, "God wants you to mind your own business."
Thousands of people went toe to toe outside the Temple of Justice in an argument that touched on human rights and God's will.
Churches from across the state bused in members of their congregations, to defend the current legal definition of marriage between one man and one woman.
"For procreation. That's the way it was set up," said gay marriage opponent Fran Nelson. "And for the nurturing of children. To change that now is to spit in the grace of God."
Same sex marriage supporters also came from all parts of the state, including a group of teenagers from Spokane on spring break.
"If I want to be married one day, I need to fight now," said Ryan Olson, dressed in a T-shirt with a hand painted rainbow. "Anybody that's out there that wants one day to wake up to someone in the morning, to love somebody for the rest of their life, they need to be fighting for that right now because this is when it's happening."
Leslie Christian and Heather Andersen are the named plaintiffs in the suit. Their fight is for the legal rights that come with marriage.
"Over 400 statutes and regulations in the state that accord certain rights and responsibilities to married people that single people and other kind of partners don't have," said Christian.
"They have every right to do what they want to," countered Marge Pearson. "But they don't need to change all our laws and change our whole culture."
KOMO 4 News' Molly Shen also contributed to this report.