Washington Courts: News and Information

Washington Supreme Court Rules Defense of Marriage Act Does Not Violate State Constitution

Olympia, July 26, 2006 -- This morning, the Washington Supreme Court issued a decision in Andersen v. King County, a consolidated case regarding Washington’s Defense of Marriage Act. 

The Court’s lead opinion was authored by Justice Barbara Madsen, holding the Washington Defense of Marriage Act does not violate the Washington State Constitution.  This decision overturns trial court decisions in King and Thurston Superior Courts in this case. 

Signing Justice Madsen’s opinion are Chief Justice Gerry Alexander and Associate Chief Justice Charles W. Johnson.  Two members of the Court, Justices James M. Johnson and Richard B. Sanders agreed with the majority in result only, using a separate legal rationale in a concurring opinion authored by Justice James M. Johnson.  Chief Justice Gerry Alexander also issued a separate concurrence in this case.

The Court had three dissenting opinions, one authored by Justice Mary E. Fairhurst which was signed by Justices Bobbe J. Bridge, Tom Chambers and Susan J. Owens.  Justices Bridge and Chambers also issued separate dissents in this case.

The Court’s opinion including concurrences and dissents is available online at www.courts.wa.gov, along with links to the RealAudio of the oral argument.  

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