Disgrace of a state
The Washington State Supreme Court ruled today with a 5-4 majority that the Washington’s Defense of Marriage Act is constitutional. Now I understand there are masses on both sides of the issue, but I’ll admit I’m deeply angered at the ruling. My anger isn’t stemming from the issue explicitly but rather how justices in the state supreme court have a blatant disregard for upholding the state constitution.
It’s pretty cut and dry that the Defense of Marriage Act (DOMA) is *unconstitutional* by the nature it restricts marriage to only those who are in opposite-sex relationships; effectively violating Article I, Section 12 of the state constitution by granting some citizens a privilege which does not equally belong to all citizens.
Washington State Constitution
Article I - Declaration of Rights, Section 12
Special Privileges and Immunities Prohibited
“No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.”
Quote from Seattle Times:
“Madsen wrote that the plaintiffs did not sufficiently show that gays are members of a suspect class — a reference to groups entitled to protection against discrimination by virtue of characteristics such as race – or that there is a fundamental right to marriage that includes the right to marry a person of the same sex. Therefore, the Legislature’s decision that only opposite-sex couples are entitled to civil marriage is a “rational basis” for the Defense of Marriage Act.”
Say what???? Gays are not members of a suspect class which are entitled to protection against discrimination??? If that was the case why did we have revise our state’s “Freedom from discrimination” law to include sexual orientation? I know we do things for fun every now and again but we certainly don’t go around revising laws just for fun… I think President Bush has enough fun all of us in this department.
Revised Code of Washington (RCW) 49.60.030
Freedom from discrimination — Declaration of civil rights, Section 1
“The right to be free from discrimination because of race, creed, color, national origin, sex, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person is recognized as and declared to be a civil right.”
By definition of this law it shows gays were determined to be a “suspect class”, yet some justices chose to ignore this in their ruling. Also, whether or not gays are a “suspect class” is irrelevant, they’re a class of citizens nonetheless and the fact of the matter is DOMA grants some classes of citizens a privilege which is not available to all classes of citizens.
On the second part of the Maden’s comments on whether there is a fundamental right to marriage that includes the right to marry a person of the same sex… there isn’t but once again that’s not what this is about. No one has the fundamental right to marriage, so wouldn’t this make it a privilege, a privilege that is being made some citizens but not others?
Anyways, I can rant and rave all day but ultimately not much can be done; the Supreme Court has ruled. It’s unfortunate that five ignorant justices are allowing their personal views to dictate the future of the entire state. All I can say is election time is coming up and three of the nine justices have already submitted their candidacy. Justices Tom Chambers and Susan Owens have secured my vote, however Chief Justice Gerry Alexander may want to check ‘Texas Justice’ for an opening.
