State Bar Association Supports Same-Sex Marriages
The Seattle Times
September 28, 2008
The Washington State Bar Association is now on record in favor of equal
marriage rights for same-sex couples as a matter of
practicality for lawyers and of fairness in society.
OLYMPIA, Wash. —
The Washington State Bar Association is now on
record in favor of equal marriage rights for
same-sex couples as a matter of practicality for
lawyers and of fairness in society.
The resolution was adopted unanimously by the
group's 14-member Board of Governors despite
considerable opposition from association members,
board president Mark Johnson of Seattle said.
"We felt it was appropriate to take a position,"
Johnson told the Tri-City Herald. "There certainly
will be people who will be distressed."
As part of the state's judicial branch, the bar
association is authorized by the state Supreme Court
to license and discipline lawyers, and membership is
required for lawyers to maintain their licenses. The
Board of Governors sets policy and meets once every
six weeks.
Stanley A. Bastian of Wenatchee, immediate past
president of the bar association and the board's
presiding officer, said the resolution adopted
during meetings Sept. 18-19 is the first of its kind
nationwide to be adopted by a mandatory state bar
association.
"Having one set of rules that apply to all
couples engaged in recognized relationships would
provide clarity and help ensure equitable treatment
for all persons, regardless of sexual orientation,"
Bastian said in a statement issued by the group.
Association members were not polled on whether
same-sex marriage should be legalized, a step the
state Supreme Court has refused to impose without
legislative action and that the Legislature has
stopped short of adopting, the group did solicit
comments on the issue on its Web site as well as in
public forums in Tacoma and Spokane, Johnson said.
Additionally, the September 2007 issue of the
Washington State Bar News was devoted to problems in
handling cases involving same-sex clients.
Response from members seemed to lean slightly
against the resolution, but the board decided
otherwise because of the impact on legal practice
and civil rights, Johnson said.
The bar association has no plans to introduce
legislation granting civil marriage rights to
same-sex couples but will support such measures that
are introduced by others, Johnson said.
Association members who oppose the resolution can
choose to direct that money from their annual
license fees from not be spent on lobbying that
would support equal marriage rights, he said.
Under Washington's domestic partnership law, the
status of same-sex couples varies in different
contexts, raising problems for lawyers in areas
ranging from contracts to family law, he said.
For example, Johnson cited a study by the
Williams Institute at the University of California
at Los Angeles law school that found same-sex
couples raise more than 7,400 children in Washington
state. Lack of marriage rights and other differences
complicate adoptions, estate planning and other
matters for those couples, he said.
"It increases the costs of representing same-sex
couples, diminishes the certainty with which clients
can be advised and raises the risk of litigation
against the clients, against the people they deal
with and against the lawyers who represent them,"
Johnson said.
The board decided the bar association should be
heard on the matter, said Edward F. Shea Jr., a
member of the board from Pasco.
"The mission statement for WSBA provides that one
of the guiding principles is access to justice, as
well as diversity, equality and cultural
understanding throughout the legal community," Shea
said. "We felt as though the resolution was in line
with the guiding principles of our bar association
and therefore supported it."
