Washington Supreme Court Fails to Uphold Marriage Equality

ACLU plaintiffs Celia Castle, Brenda Bauer and their daughter

Update: The court has granted the plaintiff groups until Aug. 29 to decide whether to file a motion for reconsideration of the ruling.

Reversing rulings in favor of marriage equality by two state courts, the Washington Supreme Court today found that the state’s ban on marriage by same-sex couples does not violate the state constitution. In the appeal of cases brought by 19 couples who wish to marry, the court upheld the state’s Defense of Marriage Act of 1998 that defines marriage as between one man and one woman.

Two cases were decided today – couples in the Castle v. State case are represented by attorneys from the American Civil Liberties Union of Washington and couples in the Andersen v. King County case are represented by attorneys from Northwest Women's Law Center and Lambda Legal. Oral argument in the case was heard in March 2005.

“We are disappointed that the court did not recognize its vital role of ensuring fundamental equality for all. Same-sex couples fall in love, make commitments, and raise children. They need the many protections for their families that marriage provides. Marriage equality strengthens our communities,” said Kathleen Taylor, executive director of the ACLU of Washington. “Today’s ruling is not the end of the story. History teaches us that achieving social justice is a long-term effort. The ACLU will continue to work in the Legislature and the courts to gain full equality for lesbian and gay couples,” added Taylor.
 
The ACLU brought its suit on behalf of 11 same-sex couples from around the state who wish to marry in Washington or to now have their marriage recognized under Washington laws. Plaintiffs include a police officer, a firefighter, a banker, a nurse, a retired judge, a college professor, a business executive, and others. They reside in communities from Seattle to Spokane and from Port Townsend to Hoquiam.

Current state laws provide hundreds of benefits to married couples that are not available to same-sex couples. Among these are community property rights; access to family court; access during health care emergencies and the ability to participate in health care decisions; and survivor benefits.    

"The right to marry involves equal rights for all loving, committed spouses. My longtime partner has a rare form of cancer and sometimes has gone to the hospital. I had hoped to obtain the legal protections of marriage to speak and act on behalf of my partner when he needs me most," said Curtis Crawford, a plaintiff represented by the ACLU of Washington.

The decision came in the state’s appeal of two lower-court rulings upholding marriage equality. In Castle v. State, Thurston County Superior Court Judge Richard Hicks in September 2004 found that legal barriers to marriage for same-sex couples violate the state constitution’s guarantee of equal treatment for all citizens. In his ruling, Judge Hicks rebuffed arguments that same-sex marriage destabilizes the family, noting that same-sex couples have already been found to serve as capable foster and adoptive parents. In Andersen v. King County, King County Superior Court Judge William Downing in April 2004 also ruled that Washington’s law limiting marriage to opposite-sex couples violates the state constitution.

The court’s ruling came by a 5-4 margin. In her dissent, Justice Bobbe Bridge wrote, “Rather than protecting children, the DOMA (Defense of Marriage Act) harms them.” In another dissent, Justice Mary Fairhurst said that the plurality and concurring options "... condone blatant discrimination against Washington's gay and lesbian citizens in the name of encouraging procreation, marriage for individuals in relationships that result in children, and the raising of children in homes headed by opposite-sex parents, while ignoring the fact that denying same-sex couples the right to marry has no prospect of furthering any of those interests."

Representing the 11 couples for the ACLU are Paul Lawrence, Matthew Segal, and Amit Ranade of the law firm Preston Gates & Ellis; Karolyn Hicks of the firm Stokes Lawrence; Roger Leishman of the firm Davis Wright Tremaine; and ACLU-WA staff attorney Aaron Caplan.

Legal Documents:

Briefs

Plaintiffs' Motion for Summary Judgment in ACLU of Washington Marriage Equality Case Castle v. State  (PDF)
Plaintiffs' Motion for Summary Judgment in ACLU of Washington Marriage Equality Case Castle v. State.

Marriage Equality Brief in Washington Supreme Court  (PDF)
The ACLU marriage Equality Brief in Washington Supreme Court in case entitled Castle v. State.

Respondents' Joint Motion for Reconsideration  (PDF)
Respondents' Joint Motion for Reconsideration in ACLU of Washington Marriage Equality Case Castle v. State.

Complaint

Legal Complaint in ACLU of Washington Marriage Equality Case  (PDF)
Legal Complaint in Castle v. State

Court Decision

Thurston County Superior Court Ruling on Castle v. State  (PDF)
2004 Thurston County Superior Court memorandum opinion on the constitutionality of the Defense of Marriage Act.

Washington Supreme Court ruling on Andersen v. King County and Castle v. State  (PDF)
Washington State Supreme Court's 5-4 decision to uphold the Defense of Marriage Act, which limits legal marriage to heterosexual couples.

Multimedia

Feb. 14, 2006 Marriage Equality Forum (WMV, 530 MB)  
This Bellevue forum explored the merits and concerns of granting marriage rights to couples of the same sex. It features ACLU-WA Board Members (and plaintiffs in the ACLU's Castle v. State case) Chris Gamache and Judy Fleissner.

Press Release

Washington Supreme Court Fails to Uphold Marriage Equality  
The high court voted 5-4 to reverse the ruling of two previous courts, upholding the state's ban on marriage between couples of the same sex.

Supreme Court to Rule on Marriage Equality  
The ACLU has sued the state to strike down laws that ban marriage between couples of the same sex.

Judge Rules for Marriage Equality for Same-Sex Couples Statewide  
In the first statewide case on marriage equality, Thurston County Superior Court Judge Hicks ruled today that the state’s laws that bar same-sex couples from marriage violate the state constitution’s guarantee of equal protection for all citizens. The government cannot give the legal benefits of marriage to one group of adult citizens but not to another.

ACLU Files Suit Seeking Marriage Equality for Same-Sex Couples  
The American Civil Liberties Union today is filing a lawsuit against the State of Washington challenging the denial of marriage rights to same-sex couples. The suit is being filed in Thurston County Superior Court on behalf of 11 couples from across the state who wish to marry in Washington or to have their marriage recognized under Washington law.

Meet the Plaintiffs in Castle v. State  
These are the 11 couples represented by the ACLU in their challenge of unfair state laws banning marriage between couples of the same sex.

Marriage Equality Ruling: Motion to Reconsider Filed with State Supreme Court   
Lawyers for same-sex couples seeking marriage equality today petitioned the Washington Supreme Court to reconsider last month’s 5–4 decision. They said the court did not justify that barring same-sex couples from marriage is in the state's interest.

Equality Work Continues Despite Marriage Loss  
The Washington Supreme Court has declined to reconsider its decision to uphold the state ban on marriages between people of the same sex. But the ACLU and its allies will continue the drive for lesbian, gay, bisexual and transgender (LGBT) equality.

Publication

Educate Your Community About Marriage Rights  (PDF)

Why Marriage Equality Matters  (PDF)
Various facts about why marriage equality is an issue of importance for everyone.

Related Documents: