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Aug. 4th, 2004 10:47 amCourtesy of today's Seattle Times. The whole article can be found here:
King County judge rules in favor of same-sex marriage
By Sanjay Bhatt
Seattle Times staff reporter
Same-sex marriage is legal in Washington state, King County Superior Court Judge William Downing ruled today.
But, as expected, the decision is stayed — and no local marriage licenses can be issuesd — until the state Supreme Court reviews the case
In his ruling, Downing said the state's Defense of Marriage Act, which limits marriage to one man and one woman, is unconstitutional.
<snippage>
Citing the rationale of state Supreme Courts in Massachusetts and Vermont, Downing wrote, "The Court concludes that the exclusion of same-sex partners from civil marriage and the privileges attendant thereto is not rationally related to any legitimate or compelling state interest and is certainly not narrowly tailored toward such an interest."
Downing characterized the reasons for banning same-sex marriage and then refuted them as follows:
• "Morality requires it." Downing countered: "... Americans have differing views as to what morality requires in the definition of marriage. It is not for our secular government to choose between religions and take moral or religious sides in such a debate.
• "Tradition compels it." Downing cited the Massachusetts' Supreme Court's opinon that "it is circular reasoning, not analysis, to maintain that marriage must remain a heterosexual institution because that is what it historically has been."
• "The institution of marriage is threatened." The judge said threats to marriage — notably a shortage of commitment and an excess of selfishness — come from inside the institution, not outside it.
"Before the Court stand eight couples who credibly represent that they are ready and willing to make the kind of commitment to partner and family for all the right kinds of reasons. All they ask is for the state to make them able," he wrote.
King County judge rules in favor of same-sex marriage
By Sanjay Bhatt
Seattle Times staff reporter
Same-sex marriage is legal in Washington state, King County Superior Court Judge William Downing ruled today.
But, as expected, the decision is stayed — and no local marriage licenses can be issuesd — until the state Supreme Court reviews the case
In his ruling, Downing said the state's Defense of Marriage Act, which limits marriage to one man and one woman, is unconstitutional.
<snippage>
Citing the rationale of state Supreme Courts in Massachusetts and Vermont, Downing wrote, "The Court concludes that the exclusion of same-sex partners from civil marriage and the privileges attendant thereto is not rationally related to any legitimate or compelling state interest and is certainly not narrowly tailored toward such an interest."
Downing characterized the reasons for banning same-sex marriage and then refuted them as follows:
• "Morality requires it." Downing countered: "... Americans have differing views as to what morality requires in the definition of marriage. It is not for our secular government to choose between religions and take moral or religious sides in such a debate.
• "Tradition compels it." Downing cited the Massachusetts' Supreme Court's opinon that "it is circular reasoning, not analysis, to maintain that marriage must remain a heterosexual institution because that is what it historically has been."
• "The institution of marriage is threatened." The judge said threats to marriage — notably a shortage of commitment and an excess of selfishness — come from inside the institution, not outside it.
"Before the Court stand eight couples who credibly represent that they are ready and willing to make the kind of commitment to partner and family for all the right kinds of reasons. All they ask is for the state to make them able," he wrote.
