GAYS ARE A PROTECTED CLASS, WA JUDGE RULES IN SSM CASE: From the Seattle Times

In what legal experts say is a bold finding that gays and lesbians are part of a protected, minority class, a Superior Court judge yesterday declared the laws that bar them from marriage unconstitutional.

Thurston County Superior Court Judge Richard Hicks was the second trial judge in four weeks to strike down Washington's Defense of Marriage Act, overwhelmingly approved by the Legislature six years ago.

Hicks, in a 38-page ruling, wrote, "The clear intent of the Legislature to limit government approved contracts of marriage to opposite-sex couples is in direct conflict with the constitutional intent to not allow a privilege to one class of a community that is not allowed to the entire community."

But Hicks went further, finding that under Washington's Constitution, homosexuals are a so-called suspect class, groups with such immutable characteristics as race or sex that entitle them to equal protection of the law. ...

"The court is taking a significant step in deciding the issue this way," said Peter Nicolas, a University of Washington law professor who teaches a course in sexual-orientation law. "A lot of decisions, including some from the U.S. Supreme Court, have said just the opposite." ...

Hicks, a former family-court judge, spent significant time in his ruling on family and children. "Same-sex couples can have children through artificial insemination and same-sex couples can adopt children all with government approval. Where is the protection for these children?"

Like Downing's ruling, Hicks' decision has no immediate practical effect; counties cannot begin issuing marriage licenses to same-sex couples. Ultimately, both cases will be merged and likely heard before the state Supreme Court, possibly by mid-December.

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posted by Eve at 1:14 PM VOTE

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