Washington States Rules Against Same-Sex Marriage

Sarah Larkins

Correspondent

(CNSNews.com) - Supporters of traditional marriage cheered the Washington State Supreme Court ruling Wednesday, which concluded that the state's Defense of Marriage Act did not violate the state constitution.

Massachusetts remains the only state to legalize same-sex marriage; the Massachusetts Supreme Judicial Court ruling of Nov. 18, 2003, paved the way for homosexual couples to begin obtaining marriage licenses on May 17, 2004.

However, in Washington State, the court ruled differently.

"Although times are changing, the plaintiffs have not established that as of today sexual orientation is a suspect classification or that a person has a fundamental right to a same-sex marriage," Justice Barbara Madsen wrote in the court's decision.

The ruling overturned two lower court decisions which concluded that the 1998 Defense of Marriage Act, which restricted marriage to one man and one woman, violated the due process clause of the Washington Constitution.

Rev. Louis Sheldon, chairman of the Traditional Values Coalition, celebrated the court's ruling.

"We didn't know what to expect - it was a sit and wait and guess game," Sheldon told Cybercast News Service. "We're thrilled with it."

The ruling is one of many recent decisions against same-sex marriage in the United States, Sheldon said.

"The 'homosexual marriage' Goliath is having its head cut off by rational rulings by state courts all over the U.S.," he said. "Despite the efforts of radical homosexual activists to redefine marriage, we are seeing a backlash from state court judges who are refusing to overrule the will of the people on this issue. We are winning this battle, one state at a time."

In early July, New York State's court of appeals ruled against same-sex marriage while the Georgia Supreme Court reinstated its ban on homosexual marriage.

Lambda Legal, which along with the Northwest Women's Law Center sued the state of Washington in 2004 on behalf of same-sex couple, remained optimistic.

"We are disappointed but not discouraged. This is a civil rights movement and time is on our side," Jennifer Pizer, senior counsel and lead attorney on the case at Lambda Legal, stated. "In the struggle between fairness and discrimination, fairness has won consistently in America.

"History has shown that in cases of this magnitude the opinions of the dissenting justices later become the law of the land," Pizer added.

Sheldon agreed that the debate surrounding same-sex marriage is not over.

"The gay marriage people have been knocked down, but they're not knocked out," Sheldon said. "The head has not been cut off that Goliath yet, and that probably will not be done until there is a United States constitutional amendment to fully protect marriage."

The Federal Marriage Amendment has been rejected by both the U.S. House and Senate this year.

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