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Thursday, August 31, 2006
Marriage Law: Are you sure?
Perhaps the last thing the justices of the Washington Supreme Court would like to do is revisit their divisive 5-4 ruling on the state's Defense of Marriage Act. But they should anyway.
It was certainly one of the court's more controversial cases, and one that could have profound implications for individual rights in Washington.
Advocates for the court's reconsideration of the case argue that the majority ruling was flawed. We're not equipped to make that legal judgment. But we will suggest that it is in the best interests of the state for the justices to ensure that this landmark decision, which overruled two Superior Court findings, has been thoroughly and conclusively examined.
For example, Washington's citizens might benefit from more clarity on how allowing same-gender marriages would undermine the state's interest in promoting procreation through marriage between mixed-gender couples.
The prospects of the high court reconsidering the case, let alone reversing its decision that the definition of marriage lies within the Legislature's purview, are slim at best. At least, we hope the court won't take another year and a half to make up its mind.
In any event, the onus remains with the Legislature, as it likely would have been even if the Supreme Court rejected DOMA. We encourage legislative leaders to propose some form of civil union that can honor both the institution of marriage and the civil rights of committed, loving same-gender partners.
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| Should the Washington Supreme Court reconsider its 5-4 ruling upholding the Defense of Marriage Act, which bans gay marriage? | |
Yes. |
No -- The ruling was and is right. |
No -- The Legislature should fix the law to allow civil unions. |
|
| Total Votes: 482 | |

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