Same-Sex Marriage Still Banned in Washington State

Meh. Not a happy thing.

Reports on the decision:

* Washington Courts: [Press Release][1]

> This morning, the Washington Supreme Court issued a decision in Andersen v. King County, a consolidated case regarding Washington’s Defense of Marriage Act.
>
> The Court’s lead opinion was authored by Justice Barbara Madsen, holding the Washington Defense of Marriage Act does not violate the Washington State Constitution. This decision overturns trial court decisions in King and Thurston Superior Courts in this case.

* Seattle PI: [State’s high court upholds ban on gay marriage][2]

> The state Supreme Court today upheld Washington’s law that defines marriage as a union between a man and a woman, rejecting the argument of 19 same-sex couples that they’ve been unfairly denied the right to wed.
>
> In a splintered decision, Justice Barbara Madsen wrote that the state’s marriage law was enacted to “promote procreation and to encourage stable families.”
>
> “The legislature was entitled to believe that limiting marriage to opposite-sex couples furthers the State’s legitimate interests in procreation and the well-being of children.”

* Seattle Times: [State Supreme Court upholds gay marriage ban][3]

> The decision came as a sobering defeat for gays and their advocates, who’d hoped the court would strike down the so-named Defense of Marriage Act — DOMA — which restricts marriage to one man and one woman.
>
> Writing for a 5-4 majority, Justice Barbara Madsen said DOMA is constitutional because in establishing DOMA “the legislation was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential to the survival of the human race and furthers the well-being of children by encouraging families where children are reared in homes headed by children’s biological parents.”
>
> As such, DOMA does not violate the state Constitution’s privileges and immunities clause, which requires that any benefit granted to one group must be granted equally to all. “Allowing same sex couples to marry does not, in the legislature’s view, further these purposes,” she wrote.

[1]: http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.pressdetail&newsid=780 “Washington Courts: Washington Supreme Court Rules Defense of Marriage Act Does Not Violate State Constitution”
[2]: http://seattlepi.nwsource.com/local/278896_samesex26ww.html “State’s high court upholds ban on gay marriage”
[3]: http://seattletimes.nwsource.com/html/localnews/2003152467_webdoma26.html “State Supreme Court upholds gay marriage ban”

It’s _all about the children_. Meh. What a crappy argument. Admittedly, I haven’t read the official arguments yet (the court documents are linked to in both newspaper articles), so maybe there’s a bit more to it than that, but from what the papers boil it down to…meh.

So marriage is about procreation and the survival of the human race? What about married couples who either cannot or choose not to have children? Does this mean that according to our state Supreme Court, it’s better to be in an unhappy, unfulfilling, loveless relationship that’s pumping out another child every ten months than it is to be in a happy, committed, healthy, loving relationship that happens to be childless?

And if we’re “encouraging families where children are reared in homes headed by children’s biological parents,” then shouldn’t we be outlawing adoption? Sorry, you had the kid, it’s better for the kid if you raise it, even if you’re a teenager, unable to support yourself, on drugs, or any number of other reasons why you might not want to raise the child you just bore. Don’t even get us started on gay couples adopting children!

Sorry gays. We don’t care if you love each other. You don’t have children, and marriage is _all about the children_, so you can’t get married.

Meh. What a stupid, weak, cowardly cop-out. I expected better.

Published by Michael Hanscom

Enthusiastic ambivert. Geeky, liberal, friendly, curious, feminist ally; trying to be a good person. (he/him)

5 replies on “Same-Sex Marriage Still Banned in Washington State”

  1. My wife and I are kvetching about the nonsense of this decision on IM as we speak. I pointed her to your old post about Dav Savage and Amy Jenniges getting married, which drives home the point about how ridiculous it is to think that GLBT folks are a “threat” to marriage. Sigh.

  2. If they are going to keep banning gay marrige can they at least get to the root of the problem. Provide some type of NATIONAL domestic partner system, that has the same weight in Probate, custody and catastrophic illness situations. Don’t conservatives have another war to start or something rather than losing sleep over weather homosexuals can marry or not. (puts soapbox away)

  3. Sorry gays. We don’t care if you love each other. You don’t have children, and marriage is all about the children, so you can’t get married.

    Hey! We have dogs, doesn’t that count?

  4. Americans finally realize the try-before-you-buy works just as well with sex as it does with commodities. Rather than marrying and then shacking up with hot sex coming after the nuptuals, Americans are increasingly putting out before putting on the wedding rings.Women are just as likely as men to get it on before matrimony.
    I think this is just the sign of the times. I mean, we like to test things, try them out, before making a purchase. Why should sex and marriage be any different? The stigma associated with pre-marital sex is dead. Long live free love!

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