Decision in Washington Marriage Case Due Today

(Olympia, Washington) A nervous countdown has begun as same-sex couples, gay foes, and state legislators await this morning's Washington state Supreme Court expected ruling on marriage.

At issue is a state law limiting marriage to opposite-sex couples. Gay and lesbian couples denied marriage licenses filed suit in 2004 and the the high court heard arguments in the case in March 2005.

The case hinges on how the nine justices interpret 34 words in the state constitution.

The key passage is Article 1, Section 12, which says, “No law shall be passed granting to any citizen ... privileges or immunities which upon the same terms shall not equally belong to all citizens.”

The court could throw out the state's law limiting marriage to opposite sex couples, uphold the existing law or say that the issue should be determined by the legislature.

If the court strikes down the existing law the result could end up being more important that the Massachusetts high court ruling that allowed that state to become the first in the national to allow same-sex marriage.

In Massachusetts a state law going back to the days when interracial marriage was illegal has been used to prevent same-sex couples from outside the state from going there to marry.

The state of Washington has no such law. If the court hands down a ruling favorable to gay couples the state could see thousands of same-sex couples from across the country heading to Washington to wed.

The announcement that the court would issue its ruling this morning was made Tuesday in a short statement by the justices.

Earlier this month the highest court in New York State ruled that the state "Constitution does not compel the recognition of marriages between members of the same sex."

A decision is also awaited in the state of New Jersey. Arguments in that case were heard in February.

A midlevel appeals court in California heard arguments July 10 in a series of cases challenging that state's ban on gay marriage. The issue is expected to reach the California Supreme Court next year.