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American Civil Liberties Union |
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 Seattle, Washington-- In the first statewide case on marriage equality, Thurston County Superior Court Judge Richard Hicks ruled Tuesday 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, Judge Hicks said.
"This is an important victory for fairness and equality. The judge ruled that government must treat same-sex couples the same as other couples and that two consenting adults who wish to enter into the commitment of marriage cannot be denied its benefits simply because they are of the same gender," said Kathleen Taylor, Executive Director of the ACLU of Washington, which filed a challenge in April on behalf of 11 couples from across the state who wish to marry in Washington or to have their marriage recognized under Washington law. The ACLU’s clients include a police officer, a firefighter, a banker, a nurse, a retired judge, a college professor, a business executive, and others. They reside from Seattle to Spokane and from Port Townsend to Hoquiam. Current law deprives same-sex couples of numerous rights available as a direct benefit of the marriage contract. Among these are community property rights; access to family court; joint assessment of income and needs for determination of state assistance programs; access during health care emergencies and the ability to participate in health care decisions; survivor benefits; and authority to make decisions regarding funeral arrangements. The court 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 his ruling, Judge Hicks pointed out that granting marriage equality to same-sex couples strengthens our community, saying, "Our fundamental principle is that we share the freedom to live with and respect each other and share the same privileges or immunities. We need each other." Judge Hicks concluded that, "Democracy means people with different values living together as one people. What can reconcile our differences is the feeling that with these differences we are still one people. This is the democracy of conscience." Working for the ACLU on the case 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 of Washington staff attorney Aaron Caplan. In April 2004, King County Superior Court Judge William Downing (in Anderson v. King County) ruled that Washington’s laws limiting marriage to opposite-sex couples violate the state constitution. In that case, eight same-sex couples represented by the Northwest Women’s Law Center and Lambda Legal Defense and Education Fund sued King County for refusing to give them marriage licenses. Both rulings are expected to be heard by the Washington Supreme Court, most likely on the same day. The ACLU has long worked to secure equal treatment under the law for all citizens. In 1971, the ACLU of Washington represented John Singer and Paul Barwick when they sought to obtain a marriage license in the state. Unfortunately, the state court of appeals sided with the state, ruling that marriage is the "appropriate and desirable forum for procreation and the rearing of children" and therefore not applicable to gays and lesbians. Judge Hicks, however, said in today’s ruling that "the community, and its values, has substantially changed from the times of Singer" and that the Singer case "cries out for reexamination." |
 
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