WASHINGTON STATE Judge: Same-sex unions are legal

Until the state Supreme Court rules, same-sex couples can't get marriage licenses.
LOS ANGELES TIMES
SEATTLE -- Gay and lesbian couples can marry under Washington state law because denying them that right is unconstitutional, a judge ruled Wednesday.
Prohibiting same-sex couples from marrying is "not rationally related to any legitimate or compelling state interest," said King County Superior Court Judge William L. Downing, who issued his ruling in response to a challenge of a state law defining marriage as between a man and a woman.
Downing stayed his decision to allow the state Supreme Court to review the case. Until that court rules, no marriage licenses can be issued to same-sex couples in Washington.
If Downing's decision is upheld, Washington will become the second state -- after Massachusetts -- to permit gays and lesbians to marry. If sustained, the ruling here will go beyond the law in Massachusetts because Washington has no residency requirements and would allow out-of-state couples to wed.
Two lawsuits
The decision came out of two lawsuits filed last spring by gay and lesbian couples who were denied marriage licenses in King County soon after the Massachusetts court ruling that legalized same-sex unions. Eight couples were represented by LAMBDA Legal Defense, a group that promotes gay and lesbian rights, and 11 by the American Civil Liberties Union.
The Seattle decision proves that same-sex couples who challenged the state's definition of marriage "are full and equal citizens of Washington. No more and no less," said Jennifer Pizer, lead counsel in the case for LAMBDA.
But Joseph Fuiten, president of Washington Evangelicals for Responsible Government, deplored the ruling as "a breathtaking leap. We don't know where this is going to take us. What are the costs for our society? I'm just stunned that a judge would leap off this building not knowing what is below."
The state is expected to appeal the decision within 30 days and at the same time ask the Supreme Court to review the case on an expedited basis.
Hot national issue
The Washington ruling came just 24 hours after voters in Missouri overwhelmingly approved a state constitutional amendment limiting marriage to a union between one man and one woman. Thirteen other states are expected to have fall ballot initiatives offering constitutional amendments to ban same-sex marriage.
Same-sex marriage remains a political flash point, prompting demonstrations at last week's Democratic National Convention in Boston. Protests for and against same-sex marriage also are expected later this month at the Republican National Convention in New York.
The Washington ruling "underscores why people are rushing all over the country to strengthen their marriage laws in the face of judicial activism," said Robert Knight, director of the Culture and Family Institute.