Another setback today for the gay marriage folks from a liberal state court. (Andersen vs. King County)
Wash. Court Upholds Gay Marriage Ban – Washington Post
The Washington Supreme Court upheld the state’s ban on gay marriage Wednesday, dealing the gay rights movement its second major defeat in less than a month in another liberal-leaning state that had been regarded as a promising battleground.
Massachusetts is still the only state that allows same-sex couples to wed.
In a 5-4 decision, the court said lawmakers have the power to restrict marriage to a man and a woman, and it left intact the state’s 1998 Defense of Marriage Act.
Earlier this month, New York’s high court dealt gay couples a similar blow when it upheld a state law against gay marriage.
Some initial reaction from GayOrbit….
Marriage is about child-rearing and pro-creation.
Personally, I think judges are getting squeamish about ruling in favor of the gays.
And thoughts from Dale Carpenter over at The Volokh Conspiracy…
For gay-marriage litigants, July has been the cruelest month. Prior to today’s 5-4 Washington Supreme Court decision in Andersen v. King County, there were two substantive state marriage decisions against them (New York and Connecticut), one quasi-substantive federal decision against them (the 8th Circuit, whose broad dicta went beyond the state constitutional ban at issue), and three procedural decisions against them upholding the propriety of ballot initiatives (Massachusetts, Tennessee, and Georgia).
But this may turn out to be the hardest day of all. Andersen is the most careful, closely reasoned, and comprehensive judicial opinion to date rejecting constitutional claims to gay marriage. It is much better, as a matter of conventional legal analysis and craftsmanship, than the New York Court of Appeals decision in Hernandez v. Robles rejecting gay-marriage claims a couple of weeks ago. Since the principles and arguments on this issue from state-to-state, and even in the federal courts, are not that different, the Washington decision will deserve close attention from other courts.
And finally this from Log Cabin Republicans in Washington State…
“Log Cabin Republicans of Washington are committed to educating citizens and lawmakers about the importance of enacting civil marriage equality in this state,” said Ken Nielsen, the President of Log Cabin’s Washington State chapter.
“Log Cabin will work with other organizations in the years ahead to educate and lobby lawmakers about why civil marriage equality should be enacted. Sharing our stories and explaining why all families deserve basic protections and responsibilities will help move more citizens and lawmakers to our side. Civil marriage equality for gay or lesbian couples is truly a conservative goal that will improve the lives of all Americans,” said Nielsen.
“Civil marriage equality”?? When did this phrase start being used by the Gay Lobby? Or is Nielsen onto something that the Human Rights Campaign, Log Cabin National and Natl. Gay & Lesbian Task Force have missed for years? Perhaps they should have been pursuing “civil marriage equality” instead of alienating 70% of America with their tactics of “marriage only.”
All I know is…. I’m just glad Dale Carpenter does the reading and thinking for me. *grin*