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In 'Groundswell of Support,' Dozens of Respected, Diverse Groups Urge Washington State Supreme Court To Allow Same-Sex Couples To Marry

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Friend-of-the-court briefs demonstrate solid community and political support for marriage equality; state Supreme Court will hear oral arguments in the case on March 8
February 8, 2005

(Seattle, Tuesday, February 8, 2005) — Lambda Legal said today that briefs from dozens of groups urging the Washington State Supreme Court to allow same-sex couples to marry show an “extraordinary level of support” for marriage equality among a wide range of people in the state.


About 150 leading organizations and individuals signed onto 15 friend-of-the-court briefs that were filed in the Washington State Supreme Court in support of marriage for same-sex couples. On March 8, the state Supreme Court will hear oral arguments in a lawsuit filed by Lambda Legal and Northwest Women’s Law Center seeking marriage licenses for same-sex couples.


“We’re overwhelmed by this extraordinary level of support from all across the state. Religious groups, labor unions, political leaders, the business sector, civil rights leaders, family and children’s groups and many others are lining up to tell the state Supreme Court that allowing same-sex couples to marry reflects the values and principles we all cherish,” said Jennifer C. Pizer, Senior Counsel in Lambda Legal’s Western Regional Office and one of the lead attorneys in the case at the state Supreme Court. “This is a groundswell of support from all kinds of people all across the state. These groups address a range of different issues in the briefs they’ve filed, but they all make it clear that Washington is ready and eager for all couples to be treated equally.”


In a historic ruling last August, King County Superior Court Judge William Downing said that the Washington State Constitution guarantees basic rights to lesbian and gay people – and that those rights are violated by a state law prohibiting same-sex couples from marrying. The ruling said the state Constitution requires same-sex couples to have equal access to marriage, and that the couples represented by Lambda Legal and the Northwest Women’s Law Center must be given marriage licenses. One month later, a court in Thurston County ruled similarly. Both decisions were appealed to the Washington State Supreme Court, which will hear arguments in both cases on March 8.


Listed below are the fifteen briefs that were filed and the groups or individuals who signed onto each (many of the briefs are available on Lambda Legal’s web site: www.lambdalegal.org):


Civil Rights: Loren Miller Bar Association, Latino/a Bar Association, Asian Bar Association, South Asia Bar Association, Hate-Free Zone, Dawn Mason, Kip Tokuda, Norm Rice, Constance Rice, Larry Gossett, David Della, Richard McIver, Russ Aoki, Juan Jose Bocanegra, Rita Brogan, Adrienne Caver-Hill, Darlene Flynn, Guadalupe Gamboa, Jeffrey Grant, Paula Harris-White, Naomi Ishisaka, Regina Jones, Joe Knight, Jr., Roberto Maestas, Lawrence Mosqueda, Rogelio Riojas, Sharon Sakamoto, Dustin Washington and Ruth Woo.

Women’s Rights (drawing connections between sex- and sexual-orientation discrimination): Legal Momentum (formerly NOW Legal Defense Fund), California Women’s Law Center and Washington State NOW.

People of Faith (demonstrating that many people of faith support equal marriage rights and distinguishing between civil and religious marriage): Multifaith Works, Religious Coalition for Equality, All Pilgrims Christian Church, Seattle First Baptist Church, Bellevue Bet Alef Synagogue, Temple Beth Am, Bethany UCC, Temple Beth Or – Everett, Broadview Community UCC, Central Lutheran Church, Community Church of Joy, Olympia Quakers, Olympia Unitarian Universalists, Pullman-Moscow Friends Meeting, Tacoma Quakers, Rainbow Cathedral MCC – Yakima, University Friends, Walla Walla Quakers, Wallingford United Methodist and West Seattle Unitarian.

Legislators: Rep. Fred Jarrett, Rep. Jim Moeller, Rep. Ed Murray, Rep. Dave Upthegrove, Sen. Pat Thibaudeau and Sen. Debbie Regala.

Business Groups (explaining that diversity is good for business and helps Washington compete in the labor market): Greater Seattle Business Association and the Inland Northwest Business Alliance.

Labor Unions (focusing on economic justice issues related to marriage): American Federation of Teachers WA, Asian Pacific American Labor Alliance – Seattle, Coalition of Labor Union Women – Puget Sound, Communications Workers of America – Local 7800, Inland Boatman’s Union of the Pacific, International Alliance of Theatrical Stage Employees – Local 15, International Federation of Professional and Technical Engineers – Local 17, International Union of Operating Engineers – Local 609, King County Labor Council, NW Labor and Employment Law Office, Out Front Labor Coalition, Pride at Work, Seattle CC Federation of Teachers – AFT 1789, Seattle Musician’s Association – Local 76-493, SEIU – Local 6, SEIU – Local 75, SEIU – Local 925, SEIU – Local 1199, SEIU – Washington State Council, United Farm Workers – Pacific NW, United Auto Workers – 4121, Washington Legal Workers, Washington State Nurses Association and Washington Tech CWA Local 37083.

Mental Health Professionals (addressing the science of psychological benefits of marriage to couples and their children): The American Psychological Association and the Washington State Psychological Association.

Family Law Practitioners (discussing legal structure of marriage, including property rights and dissolution): Doug Becker, Lawrence Besk, Mabry Debuys, David Hazel, Mariiean Moschetto, Gail Nunn, Mary Weshsler, J. Mark Weiss and Gordon Wilcox.

Elder Law Issues (focusing on the importance of marriage and associated rights for the elderly and the tenuous position of those for whom marriage is available): SAGE, Senior Services and Rainbow Train.

End-of-Life Issues (focusing on issues including medical decision-making, hospital visitation and decisions about burial): Compassion and Choices, Lifelong AIDS Alliance and Rosehedge.

History Scholars (addressing history and evolution of marriage and the unease that people have always felt during times of change in marriage): Peter Bardaglio, Norma Basch, George Chauncey, Stephanie Coontz, Nancy Cott, Peggy Cooper Davis, John D'Emilio, Nancy Dowd, Ariela Dubler, Estelle Freedman, Robert Gordon, Michael Grossberg, Hendrik Hartog, Martha Hodes, Nancy Isenberg, Linda Kerber, Elaine Tyler May, Linda McClain, Martha Minow, Steven Mintz, Peggy Pascoe, Carole Shammas, Mary Lyndon Shanley, Reva Siegel, Amy Dru Stanley and Sandra VanBurkleo.

Libertarians (focusing on the U.S. Supreme Court decision in Lambda Legal’s landmark case Lawrence v. Texas, and individual liberty as the basis for the fundamental right to marry): Libertarian Party, Log Cabin Republicans.

Children and Adoption (discussing children’s rights in this context and addressing the stigma of having unmarried parents): National Center for Youth Law, Children's Rights, Inc., COLAGE, Amara Parenting and Adoption Services and Washington State CASA.

Washington LGBT Organizations (highlighting factual information about number of gay couples and families in Washington State and the continuing prevalence of antigay discrimination): Pride Foundation, Equal Rights Washington, Tacomans United for Fairness, Entre Hermanos, Trikone NW, SMC/SWC, Desert Oasis (Tri-Cities), OutKitsap, SEAMEC, Inland NW Equality and Spokane AIDS Network.

Shortfalls of Civil Unions (arguing that civil unions would be an inadequate remedy for the constitutional violations in this case): Legal Marriage Alliance of Washington, Vermont Freedom to Marry Coalition and GLAD.

In August’s ruling, Judge Downing called the eight couples represented by Lambda Legal and the Northwest Women’s Law Center “law-abiding, taxpaying model citizens,” and said, “There is no worthwhile institution that they would dishonor, much less destroy.” In the ruling, Downing also said, “The characteristics embodied by these plaintiffs are ones that our society and the institution of marriage need more of, not less. Let the plaintiffs stand as inspirations for all those citizens, homosexual and heterosexual, who may follow their path.”

Lambda Legal and the Northwest Women’s Law Center filed the lawsuit in March 2004 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.

In addition to its case in Washington, Lambda Legal is currently litigating marriage cases in New Jersey, New York, and California. (Lambda Legal is working on the California case with the ACLU, National Center for Lesbian Rights and Equality California.) The trial court judge in the New York case ruled on Friday that same-sex couples have the right to marry under the New York State Constitution. Decisions are pending from the trial court in the California case and an appeals court in the New Jersey case.

Jennifer C. 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, Andersen, et. al. v. Sims, et. al.. Co-counsel include Patricia Novotny, Lisa Stone and Nancy Sapiro of the Northwest Women’s Law Center, Bradley Bagshaw and Jennifer Divine, of the Seattle law firm Helsell Fetterman LLP.

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