Jul 26, 2006
Olympia, WA - Today, the Washington Supreme Court, in a 5-4 vote, upheld the state's Defense of Marriage Act ("DOMA") which defines marriage as the union of one man and one woman. In a long-anticipated ruling on two cases brought by same-sex couples and the American Civil Liberties Union, the state's decision is a resounding setback for same-sex marriage advocates.
In 2004, judges in King and Thurston counties overturned Washington's marriage law, citing the state constitution's "privileges and immunities" section. The cases were consolidated for Supreme Court review. The case was argued before the Washington Supreme Court in March 2005.
The state Supreme Court wrote: "A judge's role when deciding a case, including the present one, is to measure the challenged law against the constitution and the cases that have applied the constitution. Personal views must not interfere with the judge's responsibility to decide cases as a judge and not as a legislator. This, after all, is one of the three legs supporting the rule of law. Here, the solid body of constitutional law disfavors the conclusion that there is a right to marry a person of the same sex."
The ruling is very significant because, unlike Massachusetts, Washington does not have a residency requirement for marriage licenses. Same-sex couples would be able to obtain marriage licenses without having to be residents of Washington. Also, same-sex marriage advocates thought they could win in the more liberal state of Washington.
Mathew D. Staver, Founder and Chairman of Liberty Counsel, commented: "We are pleased that this latest attempt by the homosexual agenda to radically redefine our culture has been stopped dead in its tracks. The marital union of a man and a woman uniquely contributes to the continuing well-being of men and women, of society, of children and of the state. A side benefit of the court decision rejecting same-sex marriage is the fact that judges have exercised proper judicial restraint. In one decision after another, courts have concluded that the proper role of judges is to apply the rule of law and to defer to the legislative branch on this significant social policy decision. This victory for marriage and the family is the sixth consecutive court ruling upholding marriage as the union of one man and one woman in the past few weeks. Today's decision upholding traditional marriage is a devastating setback to same-sex marriage proponents. Today is a great day for marriage and the family."