Andersen v. King County
| Andersen v. King County | |
|---|---|
| Court | Washington Supreme Court |
| Full case name | Heather Andersen and Leslie Christian; Peter Ilgenfritz and David Shull; Johanna Bender and Sherri Kokx; Janet Helson and Betty Lundquist; David Serkin-Poole and Michael Serkin-Poole; Vegavahini Subramaniam and Vaijayanthimala Nagarajan; Elizabeth Reis and Barbara Steele; and Michelle Esguerra; and Boo Torres De Esguera v. King County; Ron Sims, King County Executive; and Dean Logan, King County Director of Records, Elections and Licensing Services Division |
| Argued | March 08, 2005 |
| Decided | July 26, 2006 |
| Citation(s) | 138 P.3d 963 (Wash. 2006) |
| Holding | |
| Washington's Defense of Marriage Act (DOMA) denying same-sex couples marriage licenses does not violate the due process clause, privilege and immunity clause, or the Equal Rights Amendment (ERA) of the Washington State Constitution. | |
| Court membership | |
| Chief Judge | Gerry L. Alexander |
| Associate Judges | Bobbe Bridge, Tom Chambers, Mary Fairhurst, Charles W. Johnson, James M. Johnson, Barbara Madsen, Susan Owens, Richard B. Sanders |
| Case opinions | |
| Plurality | Madsen, joined by Alexander, Johnson |
| Concurrence | Alexander |
| Concurrence | Johnson, Sanders |
| Dissent | Fairhurst, joined by Chambers, Owens, Bridge |
| Dissent | Bridge |
| Dissent | Chambers, joined by Owens |
| Laws applied | |
| Washington Consti. article I, section 3, section 12. article XXXI, section 1. RCW 26.04.020(1)(c) | |
Andersen v. King County, 138 P.3d 963 (Wash. 2006), formerly Andersen v. Sims, is a Washington Supreme Court case in which eight lesbian and gay couples sued King County and the state of Washington for denying them marriage licenses under the state's 1998 Defense of Marriage Act (DOMA), which defined marriage as between a man and a woman. The court ruled that banning same-sex marriage is constitutional since the legislature could reasonably believe it furthers the government interest in promoting procreation.
The state enacted same-sex marriage in 2012. Opponents forced a referendum on the issue, and voters approved the legislation on November 6.
In the case, King County Superior Court Judge William L. Downing ruled that the state law prohibiting same-sex marriages, or DOMA, was unconstitutional, finding for the plaintiffs on August 4, 2004. The judge ruled that restricting the institution of marriage to opposite sex couples "is not rationally related to any legitimate or compelling state interest." The ruling was appealed to the state Supreme Court.
In 2005, the Andersen v. Sims case was consolidated with Castle v. State, another case that was appealed to the Washington Supreme Court from a lower court in Thurston County. The combined cases were filed under Andersen v. King County and Washington Supreme Court heard oral argument on March 8, 2005. On July 26, 2006, the court's ruled in a 5-4 decision that the state Defense of Marriage Act was constitutional. The majority ruled that the state DOMA does not violate the state's constitution.
In the plurality opinion signed by Justices Gerry L. Alexander and Charles W. Johnson, Justice Barbara Madsen wrote that "Under this standard, DOMA is constitutional because the legislature was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential to the 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." Justice Gerry L. Alexander issued a separate concurring opinion, emphasizing the possibility that the legislature or people could expand the definition of marriage in the state. Justice James M. Johnson also issued a separate opinion, co-signed by Justice Richard B. Sanders, which concurred in the judgment only and suggested that the lower court rulings that held DOMA unconstitutional were result-oriented and disregarded the law. The reasoning in Madsen's plurality opinion is similar to that of New York's highest court in Hernandez v. Robles, which was decided on July 6, 2006.
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