On Monday, May 10, attorneys for the gay couples quietly took their case a step further and filed a major brief in King County Superior Court outlining their legal case for civil same-sex marriage. In a motion for summary judgment, the attorneys are arguing that a state ban on same-sex marriage is a triple violation of Washington law. First, it's gender discrimination: A woman can't marry another woman, because she's a woman--but she could if she were a man. Second, it's discrimination against a class of people--gays--which may violate the state constitution's privileges and immunities clause. Lastly, the same-sex marriage ban violates the right to liberty and privacy. "By preventing the plaintiff couples from entering into marriage with each other... the state is impermissibly infringing on one of the most protected of relationships--marriage."
Oral arguments in the case are scheduled for July 16, but before that, Judge William Downing has to rule on a request by a few conservative lawmakers and religious leaders who want to jump into the case. The interveners--like Defense of Marriage Act (DOMA) sponsor State Representative Gigi Talcott and religious-right groups like Washington Evangelicals for Responsible Government--are arguing in a 12-page motion that they should be allowed to join the case because King County and the state won't adequately defend DOMA (though the government's lawyers are required to), especially on "moral, sociological, and historical grounds." Exhibit A for their position? King County Executive Ron Sims is a vocal supporter of gay marriage, and says as much on his official King County website, the interveners point out.
After the July 16 oral arguments, Judge Downing's decision could be announced at any time. It will undoubtedly be appealed all the way to the Washington State Supreme Court, possibly as early as this winter.
