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Judge rules that same-sex couples can marry in Washington |
Aug. 5, 2004 |
Same-sex couples can be married under Washington State law because denying
their right to do so is a violation of their state constitutional
rights, a judge ruled Wednesday. "The denial to the
plaintiffs of the right to marry constitutes a denial of
substantive due process," King County superior court
judge William L. Downing said in his ruling.
His decision is stayed until the state supreme court reviews
the case, meaning no marriage licenses can be issued until
then, said Jennifer Pizer, lead counsel in the case for gay
rights advocacy group Lambda Legal. "Judge Downing saw
the couples in the courtroom and he's recognized that they
are full and equal citizens of Washington. No more and no less," Pizer
said.
Washington is one of 38 states with laws defining marriage
as solely a union between a man and a woman. Under a state
high court ruling, Massachusetts has allowed gay marriage since
May. The Washington State couples challenged the state's Defense
of Marriage Act, which restricts marriage to one man and one
woman.
"This is a huge victory and a historic day," said
Kevin Cathcart, executive director of Lambda Legal. "The
court recognized that unless gay people can marry, we are not
being treated equally under the law. Same-sex couples need
the protections and security marriage provides, and this ruling
says we're entitled to get them the same way straight couples
do."
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