An open letter to Gerry Alexander, Chief Justice of the WA Supreme Court

[TechBear_Seattle]

This letter was sent on March 14, 2006.


Gregory Gadow
{my address}

An open letter to the Honorable Gerry Alexander,
Chief Justice of the Washington State Supreme Court
Temple of Justice
P. O. Box 40929
Olympia, WA 98504-0929


Dear Judge Alexander:

On March 8, 2005, the Washington Supreme Court heard oral arguments in the combined cases of Anderson v King County and Castle v Washington. The question before the Court was whether Washington State's "Defense of Marriage Act" (RCW 26.04.010 (1), 26.04.020 (1)(c)) violates the equal protection clause of the Washington State Constitution (Article I, Section 12) and other civil rights.

The Honorable William Dowling of the King County Superior Court, ruling in Anderson, and the Honorable Richard Hicks of the Thurston County Superior Court, ruling in Castle, both found for the plaintiffs. In his ruling of August 2004, five months after hearing Anderson, Judge Dowling ruled that the plaintiffs have a fundamental right to marry and that the state has no legitimate interest in prohibiting same-sex marriage. In September 2004, five months after hearing Castle, Judge Hicks ruled that sexual orientation is a "suspect class" for purposes of constitutional analysis, meaning that any law touching upon sexual orientation merits a stricter standard of legitimate need than other laws. On the basis of that stricter standard, Judge Hicks then ruled that the statutes prohibiting same-sex marriage are unconstitutional.

More than one year after hearing arguments, the Washington State Supreme Court has failed to issue any kind of ruling. In this delay, the Court does a grave disservice to the people. There are hundreds of same-sex couples, at least, who need to know where they and their relationships stand under the law. Do they have the more than 400 rights, protections and privileges that are granted or recognized by state statute and common law, or must they continue to fight for what United States Supreme Court Chief Justice Earl Warren reaffirmed in 1967 was one of the basic civil rights of man? This question urgently needs an answer, as it affects medical insurance coverage, power of attorney, pension benefits, inheritance, child custody decisions, and much more.

Please, Judge Alexander: issue your ruling on Anderson without further delay. We have asked a question and lower courts have responded. Now, it is your turn, and the people of Washington State deserve to know your answer.

Respectfully,

Gregory Gadow
Gay man, Washington resident, American citizen

[jonolover]

1. Do you think he got it?

I am just asking. I am burning to know the outcome too.