Wednesday, July 26, 2006

Another setback

The Washington Supreme Court upholds that State's Defense of Marriage Act (DOMA) and denies gays the right to marry.

So we lose another battle.

Naturally, it's not over, and at least this time the decision is "rational" (unlike the one from the New York Court of Appeals just a couple of weeks ago) and only states that the DOMA per se isn't unconstitutional based on the State Constitution:
"The two cases before us require us to decide whether the legislature has the power to limit marriage in Washington State to opposite-sex couples. The state constitution and controlling case law compel us to answer "yes," and we therefore reverse the trial courts.

In reaching this conclusion, we have engaged in an exhaustive constitutional inquiry and have deferred to the legislative branch as required by our tri-partite form of government. Our decision accords with the substantial weight of authority from courts considering similar constitutional claims. We see no reason, however, why the legislature or the people acting through the initiative process would be foreclosed from extending the right to marry to gay and lesbian couples in Washington."

No comments: