ACLU sues state over gay marriage ban

By John K. Wiley
The Associated Press

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In simultaneous news conferences here and in Seattle, the advocacy group said Washington state's constitution does not allow discrimination based on gender.

The couples either want to marry, or want to have their marriages elsewhere recognized by the state, ACLU field director Genevieve Aguilar said.

"We really hope this lawsuit will help allow families to gain full rights and to be able to give individuals the same kind of privileges that many straight couples already have," Aguilar said.

The state's 1998 Defense of Marriage Act violates the state and federal constitutions that guarantee equal protection under the law, the ACLU contends.

"Lawmakers cannot pass legislation that is contrary to the state constitution," said Matthew J. Segal, an attorney with the Seattle firm of Preston Gates Ellis, which is assisting the ACLU.

Washington is among 38 states with laws defining marriage as a union between a man and a woman.

The suit filed in Thurston County Superior Court seeks a ruling to apply laws regarding marriage equally without regard to gender, allowing same-sex couples the same legal rights as heterosexual couples, Aguilar said.

Attorney General Christine Gregoire said her office will defend state law that defines marriage as a union between a man and a woman.

"The issue has emerged as one of the most emotional civil rights and controversial legal issues of the day. It has brought out strongly held and widely divergent views," she said. "It is only appropriate that this issue be addressed by our courts after a full and fair presentation of all legal arguments."

Gregoire said only arguments consistent with constitutional protections of equal rights and nondiscrimination will be argued, but she would not object to the Legislature hiring its own legal counsel to argue other positions.
 
Present at the Spokane press conference were Marge Ballack and Diane Lantz, a couple who have lived together for 25 years and were married in British Columbia in 2003.

"We're asking to be legally married in this state," Ballack said, noting there are 1,100 tax and other benefits available exclusively to married couples.

Another lawsuit was filed last month by six same-sex couples in King County, challenging that county's ban on issuing marriage licenses to same-sex couples.

The state Legislature has resisted attempts to legalize same-sex marriage, civil unions or even gay civil rights.

A bill to authorize same-sex civil unions died without a hearing in the Democrat-controlled House this year. A measure to ban discrimination against gays and lesbians in housing, employment and financial transactions died in the Senate.

A poll conducted last month for The Seattle Times showed Washington residents are split on whether homosexual couples should have the right to marry.

The poll of 500 residents conducted March 19-23 showed that slightly more than 50 percent opposed marriage rights for same-sex couples, compared to 44 percent who support the idea.

The poll's margin of error was 4.5 percentage points. It was conducted by Elway Research of Seattle.

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