STATUTE
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.
(2) Every marriage entered into in which either the husband
or the wife has not attained the age of seventeen years
is void except where this section has been waived by a superior
court judge of the county in which one of the parties resides
on a showing of necessity.
(Washington Revised Code Section 26.04.010)
Andersen v. King
County, Case No. 04-2-04964-4 SEA
Lambda Legal brought this suit on behalf of same-sex
couples demanding a right to marry. On August 4, 2004,
the trial judge ruled that there is a fundamental right
to same-sex “marriage,” that the marriage
laws discriminate on the basis of sex, and therefore the
Washington DOMA violates the Washington Constitution.
The appeal will likely go directly to the Washington Supreme
Court, but the court has not yet ruled on whether it will
accept direct review.
Castle v. State, Case
No. 04-2-00614-4
The ACLU brought this claim for same-sex “marriage”
in Thurston County. The court heard oral argument on September
2, 2004, and issued a written opinion on September 7,
2004. The judge observed that the government has no right
to distinguish among different kinds of “families.”
He ruled that Washington’s DOMA constitutes sexual
orientation discrimination and violates the fundamental
right to marry under the Privileges and Immunities Clause
of the Oregon Constitution. This case will likely be consolidated
with Andersen on appeal.
Singer v. Hara, 522 P.2d 1187 (Wash. Ct. App.
1974)
This case, involving the same claims as in Andersen
and Castle, held that there is no fundamental
right to same-sex “marriage,” and the marriage
laws do not discriminate on the basis of sex or sexual
orientation. The Andersen court followed this
controlling case only on its sexual orientation holding,
and did not acknowledge that the case had definitively
ruled on the other issues.
