advertising
Link to jump to start of content The Seattle Times Company Jobs Autos Homes Rentals NWsource Classifieds seattletimes.com
The Seattle Times Politics
Traffic | Weather | Your account Movies | Restaurants | Today's events

E-mail David   /  About   /  From the archive

All blogs and discussions ››

July 25, 2006

Gay marriage decision out tomorrow

Posted by David Postman at 12:05 PM

The state Supreme Court will release the long-awaited decision on the state's Defense of Marriage Act tomorrow morning. The case was argued March 8, 2005.

The decision should be available online after 8 a.m.

The court usually releases opinions on Thursdays. But Chief Justice Gerry Alexander has the authority to release opinions as soon as they are ready.

The decision will not only set the stage for another round of political wrangling over gay marriage, it will give court-watchers a great opportunity to see how the justices handle the most contentious issue this court has dealt with.

UPDATE: We can no longer speculate on when the court will act. And I don't know enough to speculate about what it'll do. (I do think we'll see more than two opinions tomorrow as justices draw nuanced positions. And that could explain the long gestation period.) But don't worry, there's still some speculating to be done.

If after 8 a.m. it can be said that gay marriage could soon be legal in Washington what does that do to the broad political climate of the 2006 elections? There are candidates who say they don't want to talk about state issues. But gay marriage is a galvanizing issue and candidates at all levels would be asked for their position.

The decision will be made public two days before the filing period ends for this fall's election. As of now Justice Tom Chambers is the only incumbent on the court up for re-election this year without an opponent. If the Defense of Marriage Act is thrown out and Chambers is with the majority, will he attract a conservative opponent?

Some people have already been surprised that Chambers hasn't drawn an opponent cut from the same conservative cloth of Steve Johnson, running against first-term Justice Susan Owens, Alexander and John Groen, running against Alexander first-term Justice Susan Owens. Of course if the case goes the other way, and Chambers votes to uphold DOMA, he could draw an opponent from the left. But I think that's less likely.

There's lots of discussion about what judicial candidates can and cannot say about issues before the case. But there's no doubt that if Alexander and Owens vote to overturn DOMA that will become a big part of the campaigns against them -- if not by their opponents directly, certainly by third parties.

If DOMA is tossed out, my guess is a Republican lawmaker will call for a special session within an hour of the decision being made public to push for a Constitutional Amendment banning gay marriage.

If the law is ruled unconstitutional, there would likely be legislative action necessary before gays could marry. I doubt Democrats would be in a big hurry to do that and would likely wait until next year's legislative session.

What do gay marriage supporters do if DOMA is upheld? I suppose there could be a legislative push for civil unions.

And no matter what the court says, Gov. Chris Gregoire has promised that once the decision is out she'll say what her position is on gay marriage.

Anyone want to guess which justices will vote which way? Let's have a contest. Tell me which way the court will rule and who signs the majority and minority opinions. I'll find a swell Seattle Times prize to give to whoever comes closest. Guesses have to be posted in this comment thread by midnight tonight. Earliest correct guess wins.

UPDATE: As for what sort of political climate will exist in the state if the court throws out DOMA, we just got an e-mail from Joseph Fuiten, a leading conservative and politically active pastor who was an intervener in the case, saying he'll have his response to the decision by 9 a.m. tomorrow.

But he's not waiting until then to stir things up:

Unlike Massachusetts, Washington State does not have a residency requirement. If the court strikes down DOMA it would allow homosexuals from all over America to come to Washington State to form a legal marriage.

But maybe it has taken so long for the court to rule that the issue of gay marriage is losing steam. A column up on the Governing magazine site says "Gay marriage may soon run out of steam as a political issue in the states." Marriage is so last year. The big fight now is gay parenting.

Share:    Digg     Newsvine

Marketplace

advertising

advertising