Washington Colony

Washingtonians have no reason to worry about a decline in population. The state Supreme Court saw to that last week when it upheld the Defense of Marriage Act, which bans gays and lesbians from marrying.

In the majority opinion, Justice Barbara Madsen wrote with all the tact of Massachusetts Puritans, circa 1692, that, "... DOMA is constitutional because the Legislature was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential to survival of the human race, and furthers the well-being of children by encouraging families where children are reared in homes headed by the children's biological parents."

That's right, dear reader, by agreeing with the 1998 Legislature, Madsen and friends have affirmed our state as a haven for young robust heterosexuals to reproduce and a safe place for biologically connected families.

As an added bonus to those seeking a reproductive environment reminiscent of the Middle Ages, the Board of Pharmacy will be voting later this month on whether pharmacists can deny prescriptions, such as emergency contraception, on moral grounds.

What message have we sent our elected officials? It's not like we have the paltry birth rate of Italy. Have Washington's residents strayed so far from what is right and good that we need the state to whack us back into the morality queue?

The court's gutless ruling puts citizens concerned about civil rights in a demoralized position. It took three decades for the Legislature to pass a civil-rights bill for gays and lesbians, which happened earlier this year. In an earlier column, I wrote that the civil-rights legislation would lead to marriage for lesbians and gays. That is still true, but because of this ruling, it is going to take much longer. Hopefully not three decades, but no time soon.

In the same column, I wrote that the issue would be settled by generations more accepting of diversity than what is currently in power. That premise has become more evident.

My generation, Gen X, came of age in a much different world than our parents: a world that has shrunk because of technology; a world where gays and lesbians have made huge strides in popular culture.

Unfortunately, positive gains for gays and lesbians have been limited in the area of law. Significant change will happen only when people now in their 20s and 30s start to filter through the halls of state capitols.

Madsen's decision is one long explanation about the right of the Legislature. In short, Madsen and the majority punted, leaving the matter up to future politicians.

Had the state Supremes struck down DOMA, it would be by no means a ground-breaking decision to help the civilly disenfranchised. The list of court actions overturning legislatures is long and full of issues now taken for granted, like interracial marriage.

Lesbians and gays will continue to be legally devalued in a culture that puts an emphasis on marriage, until inclusive laws are instituted. At some point, the Legislature has to realize that government cannot be in the business of marriage and not grant it to all citizens.

That is why the court's decision is so disappointing. Washington had a chance to join the Massachusetts of 2003. That was the year that the commonwealth's high court cleared the way for lesbians and gays to marry.

Instead, we acted like the Massachusetts of 1692.

Ryan Blethen's column appears regularly on editorial pages of The Times. His e-mail address is rblethen@seattletimes.com