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WA Supremes Uphold the DOMA- Where Are Those "Activist Judges" We Keep Hearing About?

Submitted by alex on July 26, 2006 - 7:07am.

The Defense of Marriage Act will be taken down, but today is not that day. In a ruling that appears to punt the ball back to the state legislature, the state Supreme Court today upheld Washington's law that defines marriage as a union between a man and a woman. For shame.

From Yesterday:

The case was an appeal from two lawsuits, one in King County and one in Thurston County, filed by 19 same-sex couples raising the momentous social question of who can marry.

Justices must decide the fate of state's 1998 Defense of Marriage Act. The law, passed by an overwhelming majority of lawmakers over Gov. Gary Locke's veto, defines marriage as a union between a man and a woman.

Superior Court judges in both counties struck down the law banning same-sex marriage as unconstitutional in 2004.

King County Judge William Downing ruled that there's no logical way that banning same-sex marriage encourages procreation -- a similar position taken by courts in Massachusetts, the only state that now allows same-sex couples to marry.

Downing said the couples had a fundamental right to wed, and Thurston County Judge Richard Hicks reached the same conclusion. [P-I]

Ridiculous, but at least Democratic incumbents and challengers won't have hell to pay for the "activist judges" in their pockets come November.

Posted in Civil Rights | Supreme Court | Washington State Politics | alex's blog
These ARE the (REAL) activist judges

This is a prime example of what an "activist" court really is and how it works. The Court first mis-defines the issue by asking if the right to a "same-sex" marriage is a fundamental right. But putting it in that context the court pre-decides the answer. Putting the issue that way is not too far removed from asking if a "mixed-race" marriage is a fundamental right.

"Marriage" -- plain marriage -- is the fundamental right period.

Submitted by A Big Fat Slob (not verified) on July 26, 2006 - 1:20pm.
Initiative to challenge ruling

Thought you would find this interesting: (read it carefully!)

http://www.wa-doma.org/
http://www.wa-doma.org/news/PR20060126.aspx

Basically, this group is trying to get this apparently anti-gay marriage initiative passed so that the Supreme Court is forced to undermine its own ruling that marriage is for children. This would take away the procreation argument from anti-gay activists.

It's probably the most brilliant use of an Initiative for satirical legislation I have seen in a long time.

Submitted by sdragon on February 5, 2007 - 9:20am.

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