Andersen v. King County
Encyclopedia
Andersen v. King County, 138 P.3d 963 (Wash. 2006) — formerly Andersen v. Sims — is a case filed by eight Washingtonian lesbian
and gay
couples, who sued King County
and the state of Washington for denying them marriage licenses under the state’s 1998 Defense of Marriage Act
, which defined marriage as between a man and a woman. In the case, King County Superior Court
Judge William L. Downing
ruled that the state law prohibiting same-sex marriages, or Defense of Marriage Act, 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 the Castle v. State case that was also appealed to the Washington Supreme Court
from a Thurston County lower court. The combined cases were filed under Andersen v. King County and oral arguments were heard by the Washington Supreme Court on March 8, 2005. The ruling, a 5-4 decision that upheld the Defense of Marriage Act
(DOMA), was handed down on July 26, 2006. The majority ruled that the DOMA does not violate the state’s constitution and that the will of the legislature or the people (through a ballot initiative measure process) could revoke the controversial law.
In the plurality opinion, which was co-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, further 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 judgment only. This opinion suggested that the judges' rulings in the lower courts, which held DOMA to be unconstitutional, were result-oriented and disregarded the law. The reasoning in Madsen's plurality opinion is similar to that found in the Hernandez v. Robles
decision, which was handed down on July 6, 2006, from New York
’s highest court.
The four justices that dissented accused the majority of relying upon “circular reasoning” in formulating their opinion. In the main dissenting opinion, co-signed by Justices Tom Chambers
, Susan Owens
and Bobbe J. Bridge, Justice Mary Fairhurst
asked, “Would giving same-sex couples the same right that opposite-sex couples enjoy injure the state’s interest in procreation and healthy child rearing?” Justice Tom Chambers
issued a separate dissenting opinion co-signed by Justice Susan Owens
, while Justice Bobbe J. Bridge issued yet another dissenting opinion.
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
and gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
couples, who sued King County
King County, Washington
King County is a county located in the U.S. state of Washington. The population in the 2010 census was 1,931,249. King is the most populous county in Washington, and the 14th most populous in the United States....
and the state of Washington for denying them marriage licenses under the state’s 1998 Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, which defined marriage as between a man and a woman. In the case, King County Superior Court
King County Superior Court
King County Superior Court, the largest trial court in Washington state, is based at the King County Courthouse, 516 Third Avenue, in downtown Seattle, Washington. It also operates a juvenile facility and a Regional Justice Center in Kent, southeast of Seattle....
Judge William L. Downing
William L. Downing
William L. Downing is a judge of the Superior Court of Washington for King County and a former deputy prosecutor. He is famous for his ruling that same-sex marriages are legal in Washington, as well as for the prosecutions of the Wah Mee massacre killers.-External...
ruled that the state law prohibiting same-sex marriages, or Defense of Marriage Act, was unconstitutional, finding for the plaintiffs on August 4, 2004. The judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
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 the Castle v. State case that was also appealed to the Washington Supreme Court
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
from a Thurston County lower court. The combined cases were filed under Andersen v. King County and oral arguments were heard by the Washington Supreme Court on March 8, 2005. The ruling, a 5-4 decision that upheld the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
(DOMA), was handed down on July 26, 2006. The majority ruled that the DOMA does not violate the state’s constitution and that the will of the legislature or the people (through a ballot initiative measure process) could revoke the controversial law.
In the plurality opinion, which was co-signed by Justices Gerry L. Alexander
Gerry L. Alexander
Gerry L. Alexander was the Chief Justice of the Supreme Court of the U.S. state of Washington. He was elected to the court in 1994 and re-elected in 2000. Following this election, his colleagues elected him to a four-year term as chief justice. He was re-elected as chief justice in 2004 and...
and Charles W. Johnson
Charles W. Johnson
Charles W. Johnson is Associate Chief Justice of the Supreme Court of the State of Washington, United States. He was born in Tacoma, Washington, and resides in Gig Harbor, Washington.-Tenure on the court:...
, Justice Barbara Madsen
Barbara Madsen
Barbara Madsen is the Chief Justice of the Washington Supreme Court. She was elected to the court in 1992 as the first woman to be popularly elected to the Court in Washington state history. She was re-elected in 1998 and 2004...
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
Gerry L. Alexander
Gerry L. Alexander was the Chief Justice of the Supreme Court of the U.S. state of Washington. He was elected to the court in 1994 and re-elected in 2000. Following this election, his colleagues elected him to a four-year term as chief justice. He was re-elected as chief justice in 2004 and...
issued a separate concurring opinion, further emphasizing the possibility that the legislature or people could expand the definition of marriage in the state. Justice James M. Johnson
James M. Johnson
Justice Johnson was first elected to the Washington State Supreme Court in 2004. He is a life-long Washingtonian, born in Seattle and attending Ingraham High School. Justice Johnson graduated from Harvard University with a B.A. in economics and obtained his J.D...
also issued a separate opinion, co-signed by Justice Richard B. Sanders
Richard B. Sanders
Richard B. Sanders is a former member of the Washington Supreme Court. He is a land use attorney and an advocate of property rights. He was elected in 1995 to a partial term to fill a vacancy on the court, defeating Rosselle Pekelis. He was re-elected to three full six-year terms in 1998 and 2004...
, which concurred in judgment only. This opinion suggested that the judges' rulings in the lower courts, which held DOMA to be unconstitutional, were result-oriented and disregarded the law. The reasoning in Madsen's plurality opinion is similar to that found in the Hernandez v. Robles
Same-sex marriage in New York
Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day...
decision, which was handed down on July 6, 2006, from New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
’s highest court.
The four justices that dissented accused the majority of relying upon “circular reasoning” in formulating their opinion. In the main dissenting opinion, co-signed by Justices Tom Chambers
Tom Chambers
Thomas Doane Chambers is a retired American NBA basketball player. Known for his strong shooting and high-flying dunks, Chambers was a NBA star during the 1980s and 1990s...
, Susan Owens
Susan Owens
Susan Owens is an Associate Justice of the Washington Supreme Court. On November 7, 2000, she was elected the seventh woman to serve on the court. She joined the court after serving nineteen years as District Court Judge in Western Clallam County, where she was the county's senior elected official...
and Bobbe J. Bridge, Justice Mary Fairhurst
Mary Fairhurst
Justice Mary E. Fairhurst of Olympia, Washington has been a member of the Washington State Supreme Court since her election in 2002. She won her re-election in 2008 against Michael J. Bond....
asked, “Would giving same-sex couples the same right that opposite-sex couples enjoy injure the state’s interest in procreation and healthy child rearing?” Justice Tom Chambers
Tom Chambers
Thomas Doane Chambers is a retired American NBA basketball player. Known for his strong shooting and high-flying dunks, Chambers was a NBA star during the 1980s and 1990s...
issued a separate dissenting opinion co-signed by Justice Susan Owens
Susan Owens
Susan Owens is an Associate Justice of the Washington Supreme Court. On November 7, 2000, she was elected the seventh woman to serve on the court. She joined the court after serving nineteen years as District Court Judge in Western Clallam County, where she was the county's senior elected official...
, while Justice Bobbe J. Bridge issued yet another dissenting opinion.
External links
- Text of the 2004 King County ruling (PDF)
- Text of the 2006 Washington Supreme Court lead ruling (PDF)
- Links to PDF articles on all 6 Washington Supreme Court opinions issued over Andersen v. King County.