Washington decision a “stain of shame”

From the Office of State Assembly Member Mark Leno

July 26, 2006

SACRAMENTO — Assemblyman Mark Leno (D-San Francisco) today responded to the Washington state Supreme Court decision upholding the constitutionality of that state’s ban on marriage for gay and lesbian couples.

“By using children as their excuse for upholding discrimination, the Washington Supreme Court has harmed hundreds of thousands of children being raised by lesbian and gay couples across the nation. No reputable study has shown that children raised by gay and lesbian parents are in anyway harmed by the commitment, love, and protection these couples provide. This ruling is a stain of shame on the court and it is one they will soon be forced to retract,” said Assemblyman Leno.

In a split 5-4 decision, the Washington Supreme Court ruled in Andersen v. King County that the equal protection provisions in that state’s constitution do not apply to gay and lesbian couples seeking marriage licenses. Justice Barbara Madsen wrote, "The legislature was entitled to believe that limiting marriage to opposite-sex couples furthers the State's legitimate interests in procreation and the well-being of children."

On July 10th, the California Court of Appeal heard arguments in Woo v. Lockyer in which a lower court ruled that California’s ban on same-sex marriage is unconstitutional. The Court of Appeal decision is due in October and attorneys arguing the case expect the California Supreme Court to hear it sometime next year.

“Unlike Washington and New York, California has enacted the strongest protections that can be provided to gay and lesbian couples and their children short of marriage, and a majority of the members of our Legislature have voted to convey full marriage rights. I would expect that the California Supreme Court will give weight to this legislative intent and avoid staining our high court with bigotry and prejudice as is the case in New York and Washington,” said Leno.

In 2005 the California Legislature passed Assemblyman Leno’s AB 849 which would have permitted lesbian and gay couples to marry, but the bill was vetoed by Governor Arnold Schwarzenegger who said in his veto message that the courts or the people should decide the issue.

####