Lambda Legal Asks Washington Court To Fast-Track Case Seeking Marriage Licenses for Gay and Lesbian Couples

(Seattle, Friday, May 7, 2004) - Telling a state court that same-sex couples in Washington need the protections and security that marriage provides, Lambda Legal and the Northwest Women’s Law Center will file court papers today seeking a prompt ruling in the case without a trial.

Lambda Legal and the Northwest Women’s Law Center filed a lawsuit two months ago on behalf of same-sex couples who were denied marriage licenses in King County, arguing that denying marriage to same-sex couples violates the state Constitution’s guarantees of equality, liberty and privacy for all Washingtonians. The case was 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.

“Today, we’re telling the court that the legal issues in this case are clear. Couples in Washington shouldn’t have to wait through a long legal process to get the protections they need - and that only marriage can provide,” said Jennifer C. Pizer, Senior Staff Attorney in Lambda Legal’s Western Regional Office. “This case seeks full marriage for lesbian and gay couples in Washington -- nothing more and nothing less.”

Attorneys for King County and Washington State have agreed to respond promptly to today’s motion for summary judgment in the case. Lambda Legal and the Northwest Women’s Law Center are asking the court to hold oral argument and to decide the case quickly after the briefs are filed.

Yesterday, Lambda Legal filed appeal papers in its lawsuit seeking marriage equality for same-sex couples in New Jersey, putting that state at the front of the line for an answer on marriage for gay and lesbian couples. In New York, Lambda Legal represents five same-sex couples seeking the right to marry. Together with NCLR and the ACLU, Lambda Legal is also representing ten couples in California seeking the right to marry (and working to ensure that marriages of same-sex couples in San Francisco earlier this year are respected).

“Since that first day in San Francisco when lesbian and gay couples began getting married, the nation has again been asked whether it’s really fair to deny marriage to loving couples - and whether anyone else is really harmed when these couples get married. In Washington, same-sex couples can see that just to their north, in Canada, their relationships can be fully respected, but they are treated like legal strangers at home. Our clients pay taxes in Washington, and they want to take their vows in Washington,” said Pizer. Until Massachusetts begins issuing marriage licenses to same-sex couples in 10 days, there is no place where same-sex couples can get married in the United States, as officials in San Francisco; Portland, Oregon; New Paltz, New York; and Sandoval County, New Mexico, were all ordered to stop issuing licenses to same-sex couples. But Canada has been issuing marriage licenses to same-sex couples since last summer. Washington is among 38 states with laws explicitly prohibiting same-sex couples from marrying. Lambda Legal and the Northwest Women’s Law Center seek a judgment in this case that would strike down the anti-gay restriction in the state marriage law as unconstitutional and would order county clerks to issue marriage licenses to same-sex couples.

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 now.

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.

Vega Subramaniam and Mala Nagarajan, who have been together for six years. Both have roots in South India, but grew up on the East Coast and met for the first time in Washington. Vega and Mala were married in a Hindu ceremony two years ago.

Beth Reis and Barbara Steele, who have been in a committed relationship for over 26 years. Beth is a health educator at Seattle and Kings County’s Public Health Department, and Barbara is a research consultant at the University of Washington.

Michelle Esguerra and Boo Torres De Esguerra, who have been together for five years and both are qualified to work as apprentice electricians. Boo, as a member of the International Brotherhood of Electrical Workers, could offer Michelle entrance into the union’s health plan if they were married.

Pizer and Jamie Pedersen, Co-Chair of Lambda Legal’s Board of Directors and an attorney at the Seattle law firm, Preston Gates & Ellis, 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 LLP, and Patricia Novotny.

### Contact: Fred Shank, 212/809-8585 ext. 267