HIGH-COURT FIGHT LOOMS IN WASHINGTON: From the Seattle Times

...In a decision that will go immediately to the state Supreme Court, bypassing the court of appeals, Downing wrote: "The denial to the plaintiffs of the right to marry constitutes a denial of substantive due process."

For now, the ruling has little practical effect. Downing did not order King County to issue marriage licenses to same-sex couples because of an earlier agreement to let the state Supreme Court have the final say. ...

David Skover, a constitutional-law professor at Seattle University, defended the ruling.

"Judge Downing's opinion is an extraordinarily eloquent and incisive testament to the power of the judiciary, even at the Superior Court level, to protect fundamental constitutional rights in significant ways," he said.

"The judicial branch of government sometimes needs to put itself into tension with the Legislature," he added. "Judge Downing recognizes that it is fully consistent with our sound constitutional system and our design of government that the judiciary protect minority rights against majority will when the most fundamental of our rights are impeded." ...

Jennifer Pizer, senior staff attorney with Lambda Legal, hinted that she thinks the state Supreme Court will affirm gay marriage, noting that it has already decided same-sex couples cannot be denied domestic-partner benefits or inheritance rights that married heterosexual couples enjoy.

The plaintiffs, who filed the suit against King County in March, argued that the state's 1998 Defense of Marriage Act, which restricts marriage to one man and one woman, is unconstitutional.

The defendants, which included King County and the state, argued that barring same-sex marriage serves a compelling state interest by encouraging people to have children and to raise children in a healthful, nurturing environment.
Downing agreed with most of the plaintiffs' arguments and skewered the defendants' rationale.

"The laws of today recognize the reality that a substantial amount of procreation occurs outside of the marital relationship," he wrote. If same-sex marriage were legal, more children would be raised in a home by same-sex adult partners whose marriage would bring them more family stability and social acceptance, he added.

...In his decision, Downing called the 16 plaintiffs people "any of us should be proud to call a friend."

"... the goal of nurturing and providing for the emotional wellbeing of children would be rationally served by allowing same-sex couples to marry; that same goal is impaired by prohibiting same-sex marriages," he wrote. ...

Last month the couple and their children returned from a vacation to Mexico. The plane's flight attendants instructed passengers to fill out a form for U.S. Customs. She and her partner filled out one form as a family, but upon arrival, they were told they needed two. "There's still some homophobia out there," Helson said. "It would give kids an anchor to know their parents are married, too. It's emotionally and psychologically important for children to have that stability."

Plaintiffs David and Michael Serkin-Poole of Bellevue said they've spent thousands on legal fees to establish inheritance and survivor rights, financial and health-care powers of attorney and co-parenting documents for their three children.

"It doesn't cover every possibility, but it's the best we can do, " said David Serkin-Poole. He and his partner have been together for 23 years. "I call him my fiance. We're intending to be married; it's just going to take a while," he said.
He's confident same-sex marriage will become legal in Washington.

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posted by Eve at 3:31 PM VOTE

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