OLYMPIA - The Washington Supreme Court disappointed
gay-marriage advocates Wednesday, supporting a ban on same-sex
unions and leaving Massachusetts as the only state granting full
marriage rights to gays and lesbians.
The 5-4 ruling, which left any action on the state's 1998
Defense of Marriage Act to the state Legislature or the initiative
process, also surprised gay-marriage opponents who had expected to
lose the court case in liberal-leaning Washington state.
It was the latest in a series of significant court rulings
against gay marriage. New York's high court dealt gay couples a
similar blow earlier this month when it ruled that a state law
limiting marriage to between a man and a woman was constitutional.
Disappointment in Wednesday's decision was perhaps greatest in
liberal Seattle, home of the state's most visible gay community and
the source of one of the original lawsuits seeking marriage rights
for gay and lesbian couples.
"There aren't words to describe how hurt people in the gay and
lesbian community are. There's a lot of tears and a lot of anger
right now. Emotion is raw," said state Rep. Ed Murray, D-Seattle,
the senior of four openly gay state lawmakers.
The state Supreme Court overruled two lower courts that had
found the state law, which limits marriage to opposite-sex couples,
violated the state constitution.
However, three majority justices invited the state Legislature
to take another look at the gay marriage ban's effect on same-sex
couples.
"Given the clear hardship faced by same-sex couples evidenced
in this lawsuit, the Legislature may want to re-examine the impact
of the marriage laws on all citizens of this state," wrote Justice
Barbara Madsen, with Justice Charles Johnson and Chief Justice
Gerry Alexander concurring.
The two other justices in the majority, James Johnson and
Richard Sanders, more actively opposed gay marriage, saying the
Legislature had "a compelling governmental interest in preserving
the institution of marriage, as well as the healthy families and
children it promotes," Johnson wrote. "This conclusion may not be
changed by mere passage of time or currents of public favor and
surely not changed by courts."
Momentum for altering the law should be hard to find at the
Capitol. Legislative majority leaders and Gov. Chris Gregoire - all
Democrats - did not see any consensus on the issue, and leading
Republicans praised the status quo.
As Gregoire noted, lawmakers barely passed a gay civil-rights
bill this year after nearly 30 years of failed attempts.
For her part, the governor offered support for extending
marriage-like civil rights and protections to same-sex couples,
saying the current arrangement amounts to discrimination.
But she pointedly did not offer to take the lead, and clearly
does not want state government interfering with religious
perspectives on marriage.
"The sacrament of marriage is between two people and their
faith," Gregoire said, recalling her own Roman Catholic nuptials.
"It is not the business of the state."
The couples who sued to overturn the law were dismayed at the
ruling, but some said there would still be a push for gay marriage
rights in the Legislature.
"I believe that our constitution should treat all of its
citizens the same, and in this case the court was willing to treat
my family differently than other families," said Brenda Bauer of
Seattle, who sued along with her longtime partner Celia Castle.
"Today's a pretty sad day for our family."
The four-justice minority harshly criticized the ruling.
Justice Mary Fairhurst said the majority improperly bowed to
public opinion by upholding the gay-marriage ban.
"Unfortunately, the (majority) are willing to turn a blind eye
to DOMA's discrimination because a popular majority still favors
that discrimination," Fairhurst wrote.
Nineteen gay and lesbian couples seeking to marry had challenged
the constitutionality of Washington's Defense of Marriage Act.
Judges in King and Thurston counties overturned it in 2004, citing
the state constitution's "privileges and immunities" section.
The state appealed, arguing that it has a legitimate interest in
regulating relationships that produce children.
Gay marriage opponents were surprised, but grateful.
"This is more than we could have imagined. We are shocked, and
pleasantly shocked. We were prepared for the other direction,"
said Jon Russell, field director for the conservative Faith and
Freedom Network, which intervened in the case.
King County Executive Ron Sims, who helped foster one of the
original lawsuits by same-sex couples seeking to marry in Seattle,
said his next step would be to push for civil unions.
"There's still hope in the long run," Sims said. "I still
dream for a just society."
Forty-five states have laws banning gay marriage or limiting
marriage to between a man and a woman.
In other recent rulings on the issue, courts reinstated
voter-approved bans on gay marriage in Nebraska and Georgia, and
Tennessee's Supreme Court ruled that voters there should have a say
on allowing gay marriage.
Massachusetts' high court - the same court that issued the
historic ruling that has allowed more than 8,000 same-sex couples
since 2004 to marry in that state - ruled a proposed state
constitutional amendment to ban gay marriage could go on the ballot
if approved by the Legislature.
In Connecticut, a judge found gay and lesbian couples had not
been harmed by that state's decision to grant them civil unions but
not marriage. Vermont also allows civil unions that confer the same
legal rights as heterosexual married couples.
Congress recently rebuffed a move to get a constitutional
amendment banning same-sex marriage.