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Lambda Legal and Northwest Women???s Law Center File Lawsuit Seeking Full Marriage for Lesbian and Gay Couples in Washington State

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"As long as gay couples cannot marry, they are not treated equally under the law. This case seeks full marriage for lesbian and gay couples in Washington - nothing more and nothing less.???
March 8, 2004

(Seattle, Monday, March 8, 2004) - Lambda Legal and the Northwest Women’s Law Center filed a lawsuit today in state court in Seattle seeking the right to marry for same-sex couples in Washington State.


The case, on behalf of six same-sex couples who were denied marriage licenses this morning at the King County Clerk’s office, argues that denying marriage to same-sex couples violates the state Constitution’s guarantees of equality, liberty and privacy for all Washingtonians. The case is the first of its kind to be filed in Washington since the Massachusetts high court ruled that same-sex couples are entitled to full marriage under that state’s Constitution.

“As long as gay couples cannot marry, they are not treated equally under the law,” said Jamie Pedersen, Co-Chair of Lambda Legal’s Board of Directors and an attorney at the Seattle law firm, Preston Gates & Ellis. “This case seeks full marriage for lesbian and gay couples in Washington - nothing more and nothing less.”

In addition to Massachusetts (which is set to begin issuing marriage licenses to same-sex couples this spring), Canada began issuing marriage licenses to gay couples last summer, and recently San Francisco, Portland, New Paltz and (briefly) Sandoval County, New Mexico, have followed suit. Washington is among 38 states with laws explicitly prohibiting same-sex couples from marrying. Today’s case seeks a judgment that would strike that state law down as unconstitutional and would order King County to issue marriage licenses to same-sex couples.

“Over the last few weeks and months, lesbians and gay men in Washington have seen couples marrying to the north in Canada and to the south in Portland. Our clients are paying Washington taxes and sending their children to Washington schools -- they need the protections only marriage provides, and they need them here at home,” said Jennifer C. Pizer, Senior Staff Attorney in Lambda Legal’s Western Regional Office.

The couples in the case include:

Heather Andersen and Leslie Christian, both successful businesswomen, who have been together for 14 years. They exchanged rings nine years ago and would have married then had the law allowed it.

Johanna Bender and Sherri Kokx, who have been together for seven years and are the parents of three-year-old Zachary and three-month-old Quintin. The financial and emotional stress of the cross- adoption process and uncertainty that accompanies medical emergencies has led Johanna and Sherri to seek marriage.

Janet Helson and Betty Lundquist, who have been together for 12 years. They have two children, Tyler, 8, and Zora, 2. Tyler asked his moms when they would get married and they replied, “When we truly can be married, we will.”

Peter Ilgenfritz and David Shull, who have been together for nearly 20 years. They were the first same-sex couple to be married in a religious ceremony at St. Paul’s United Church of Christ in Chicago. They are both ministers and have officiated many marriage services for both straight and gay couples.

David and Michael Serkin-Poole, who have been together for 23 years and care for their three adult children, all of whom have disabilities. David is Cantor at Temple B’Nai Torah where he has married many couples, and Michael is a stay-at-home dad.

Vegavahini Subramaniam and Vaijayanthimala Nagarajan, who have been together for six years and grew up in the same community in South India, but met for the first time in Washington. Vega and Mala were married in a Hindu ceremony two years ago.

On Friday, Lambda Legal filed a lawsuit in state court in New York seeking full marriage for couples statewide. Lambda Legal is currently litigating marriage cases in New Jersey and (along with the ACLU, National Center for Lesbian Rights and Equality California) San Francisco. This week, Lambda Legal launched an unprecedented national campaign challenging distortions and inaccurate rhetoric that so-called “activist judges” are behind recent gay-rights victories (details on that campaign are at www.LambdaLegal.org/JudgingDiscrimination).

Pizer and Pedersen are Lambda Legal’s lead attorneys on the case, Anderson, et. al. v. Sims, et. al.. Co-counsel include Nancy Sapiro of the Northwest Women’s Law Center, Bradley Bagshaw and Jennifer Divine, of the Seattle law firm Helsell Fetterman, and Patricia Novotny.

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Contact: For Lambda Legal: Fred Shank, 212/809-8585 ext. 267; 917/691-5412 (cell)

For Northwest Women’s Law Center: Lisa Stone, 206/682-9552; 206/853-8136 (cell)

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