BILL REQ. #:  H-3690.2 

Read first time 02/06/2004.   Referred to Committee on Juvenile Justice & Family Law.

     TO THE HONORABLE CHIEF JUSTICE OF THE SUPREME COURT OF THE STATE OF WASHINGTON, GERRY ALEXANDER, AND THE HONORABLE ASSOCIATE JUSTICES OF THE SUPREME COURT OF THE STATE OF WASHINGTON, BOBBE BRIDGE, TOM CHAMBERS, MARY FAIRHURST, FAITH IRELAND, CHARLES JOHNSON, BARBARA MADSEN, SUSAN OWENS, AND RICHARD SANDERS:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, The legislature has expressed its intent that it is a compelling interest of the state of Washington to reaffirm its historical commitment to the institution of marriage as a union between a man and a woman as husband and wife and to protect that institution; and
     WHEREAS, The legislature and the people of the state of Washington have found that matters pertaining to marriage are matters reserved to the sovereign states and, therefore, such matters should be determined by the people within each individual state and not by the people or courts of a different state; and
     WHEREAS, Washington state law provides that marriage is a civil contract between a male and a female; and
     WHEREAS, Washington state law provides that marriages are prohibited when the parties are persons other than a male and a female; and
     WHEREAS, Washington state law provides that a marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under Washington statutes; and
     WHEREAS, The court in Singer v. Hara, 11 Wn. App. 247 (1974), in a well-reasoned opinion, held that the Washington state marriage statute does not allow marriage between persons of the same sex; and
     WHEREAS, In P.L. 104-199; 110 Stat. 219, the Defense of Marriage Act, Congress defines marriage for purposes of federal law as a legal union between one man and one woman as husband and wife and provides that a state shall not be required to give effect to any public act or judicial proceeding of any other state respecting marriage between persons of the same sex if the state has determined that it will not recognize same-sex marriages; and
     WHEREAS, The legislature has expressed its intent to codify the Singer opinion and to fully exercise the authority granted the individual states by Congress in P.L. 104-199; 110 Stat. 219, the Defense of Marriage Act, to establish public policy against same-sex marriage in statutory law that clearly and definitively declares same-sex marriages will not be recognized in Washington, even if they are made legal in other states; and
     WHEREAS, Federal and state case law is well-established that states can make exceptions to the full faith and credit requirement where out-of-state marriages violate a strong public policy within the state and the legislature has clearly enacted an exception to the blanket recognition; and
     WHEREAS, In 1998, the Washington state legislature enacted House Bill No. 1130 over the veto of the governor which act specifically limits marriage in Washington state to a man and a woman and provides that no marriage from another jurisdiction will be honored in Washington state if it is not between a man and a woman, thus Washington law clearly expresses a strong public policy against same-sex marriages; and
     WHEREAS, This doctrine of stare decisis requires the court to abide by decided cases, and federal and state case law on the prerogative of each of the individual states to determine its own particular policies on marriage law and what constitutes a valid marital status has been well-settled by decision and has formed precedent which should not be departed from unless clearly and conclusively in contradiction to higher law;
     NOW, THEREFORE, Your Memorialists respectfully pray that the court uphold the rule of law and the separation of powers, adhere to a long line of federal and state case law regarding the rights of each state to determine what legally constitutes marital status within that state, comply with traditional full faith and credit doctrines as they apply to the marriage laws of the individual states, confirm the strong public policy adopted by the Washington state legislature by statute specifically and expressly limiting marriage in Washington state to a man and a woman and providing that no marriage from another jurisdiction will be recognized in Washington state if it is not between a man and a woman, and reject any challenge thereto advocating the recognition of same-sex marriages.
     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Chief Justice of the Supreme Court of the state of Washington, Gerry Alexander, and the Honorable Associate Justices of the Supreme Court of the state of Washington, Bobbe Bridge, Tom Chambers, Mary Fairhurst, Faith Ireland, Charles Johnson, Barbara Madsen, Susan Owens, and Richard Sanders.