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Last Updated: 08.03.2005

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Washington

Complete Current Statute Language

Revised Code of Washington 26.04.010 Marriage contract -- Void marriages. (1) Marriage is a civil contract between a male and a female who have each attained the age of eighteen years, and who are otherwise capable. RCW 26.04.020 (c) When the parties are persons other than a male and a female. (3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a), (1)(c), or (2) of this section.

Cases

Anderson v. King County

Six same-sex couples sued the King County, Washington executive (among others) for refusing to issue them marriage licenses claiming the Washington law prohibiting same-sex marriage violates the Washington state constitution.

Supreme Court

Intervenors' Reply Brief (January 10, 2005)
King County's Reply Brief (January 10, 2005)
State's Reply Brief  (January 10, 2005)
Respondent's Brief Castle et. al.     (November 24, 2004)
Respondent's Brief  (November 24, 2004)
Intervenors' Brief (October 18, 2004)
Appellant King County's Brief  (October 15, 2004)

Superior Court

Opinion  (August 4, 2004)
Intervenor's Response to Summary Judgment  (June 24, 2004)
States Response to Summary Judgment  (June 16, 2004)
Plaintiff's Summary Judgment Memo  (May 7, 2004)
Answer  (April 21, 2004)

Trial Court

Complaint  (March 8, 2004)
Intervention Memo  (March 19, 2004)
Answer (April 21, 2004)
Plaintiff's Summary Judgment Memo  (May 7, 2004)
States Response to Summary Judgment  (June 16, 2004)
Intervenor's Response to Summary Judgment    (June 24, 2004)
Decision (August 4, 2004)

Castle and Bauer v. State of Washington

The ACLU brought the Castle case for same-sex "marriage" to Thurston County. The judge ruled that Washington's DOMA constitutes sexual orientation discrimination, violating the fundamental right to marry under the Privileges and Immunities Clause of the Constitution. He wrote that government has no right to classify "families." This case will likely be consolidated with Andersen on appeal.

Trial Court

Complaint  (April 1, 2004)
Plaintiff's Summary Judgment Memo    (May 10, 2004)
State's Answer  (June 11, 2004)
Memorandum Opinion on Constitutionality  (September 7, 2004)
Judgment  (September 8, 2004)
State of Grounds for Direct Review by the State Supreme Court   (September 10, 2004)

A second judge , Judge Richard Hicks of Thurston County, also ruled in favor of same-sex "marriage" on September 7, 2004. See Decision

Websites

Government Website
Families Northwest



Last Revised 03-Aug-05 10:11 AM.


       
       
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