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In case you missed it, the Washington State Supreme Court was hearing arguments on Thursday in a case that could ultimately lead to a legal battle over the legality of gay marriage.
This week, the Washington attorney general’s office filed an opinion on “marriage equality” for the state. For the record, the law would allow gay couples in the state to wed. But if the case ever goes to court, the ruling would put the state in one step away from what the gay rights community is hoping for.
The opinion was based on the state’s constitutional amendment: “Marriage.” The amendment states: “A state may not pass any law criminalizing the union of two people of the same gender.” While it’s true that the state’s law doesn’t authorize gay marriage, the argument the opinion makes is that gay couples already don’t have rights under it.
When it comes to unions between man and woman — the core basis for marriage — the amendment states: “The federal government shall not interfere with a state’s recognition of same-sex marriages performed in another state.” So, while the amendment doesn’t specifically prohibit gay marriage, it makes it clear gay couples already get other things.
In the state’s view, though, there is no such thing as two people of the same gender living together. In its opinion they point to a Supreme Court decision from 2007 that held people can’t just marry people of any gender. This ruling was called in part because the U.S. Supreme Court was going to decide which ruling would be upheld by the end of the year. With the Supreme Court not voting on the case, the state argued the case before the state’s Supreme Court — and got the case dismissed in 2015.
The state argues same-sex couples can’t even get married by a state. And, when married by those state officials that don’t allow the law to govern, they would be legally nullifying the amendment’s ban on same-sex marriage.
“State officials who deny their legal authority to recognize marriage
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