Well, they’ve done it again. Just like the New York Court of Appeals, the Washington state Supreme Court upheld the state’s same-sex marriage ban, citing “the State’s legitimate interests in procreation and the well-being of children.”
News flash: We’re here, we’re queer, and many of us are procreating. In some cases, we’re raising children other people have procreated— but whom they cannot themselves care for. Doesn’t the state’s legitimate interest extend to this? What message are they sending to our children? (Leaving aside the whole issue of what should be done about childless opposite-sex couples or divorcing opposite-sex couples with children. . . .)
It’s not over yet, however. The Court, while upholding the right of the legislature to ban same-sex marriage, also said:
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. It is important to note that the court’s role is limited to determining the constitutionality of DOMA and that our decision is not based on an independent determination of what we believe the law should be.
As in New York, therefore, the Washington Court believes that same-sex marriage is a legislative, not a judicial issue: “But, while same-sex marriage may be the law at a future time, it will be because the people declare it to be, not because five members of this court have dictated it.”
Advocacy group Equal Rights Washington is on the ball, saying, “This ruling shifts our focus to the state Legislature, where we will seek to change state law so same-sex couples can legally marry.”
More power to you. In the meantime, our next, best hope is New Jersey. I’ve been receiving e-mail from Garden State Equality saying they expect a ruling any day now.
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