Read Full-Text Amicus Brief (PDF)

Brief Filed: 2/05
Court: Supreme Court of the State of Washington
Year of Decision: pending

Issue: A challenge to the constitutionality of Washington's statutes limiting the right to marry to opposite-sex couples.

Index Topic: Sexual Orientation (discrimination; same-sex marriage)

Facts: Plaintiffs filed suit challenging the denial of marriages licenses to same-sex couples arguing that denying marriage to same-sex couples violates the state Constitution's guarantees of equality, liberty and privacy to all state citizens. The state trial court, King County Superior Court, issued a decision holding that the state's law limiting marriage to opposite-sex couples violates the due process and equal protection guarantees of the Washington Constitution. The court concluded that the exclusion of same-sex partners from marriage and the privileges it entails "is not rationally related to any legitimate or compelling state interest." The trial court stayed the effect of its decision and certified the case for an immediate appeal.

APA's Position: This case poses fundamentally the same questions as the case in New Jersey, Lewis v. Harris and Oregon, Li v. Oregon in which the APA filed amicus briefs. Although some details of the legal standards and specific arguments at issue in each of the cases may vary slightly, the psychological issues addressed by APA's amicus brief are essentially the same.

Result: The trial court specifically cited the APA's July 2004 resolution supporting same-sex marriage. In September 2004, the State Supreme Court accepted direct review of the trial court decision and oral arguments were held in March 2005. A decision is pending.