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Scholars at UCLA's Williams Institute Available to Discuss Washington's Supreme Court Opinion Upholding State's Law Prohibiting Marriage by Same-Sex CouplesJuly 26, 2006 Contact: Today, a highly fractured Washington Supreme Court upheld the state legislature's authority to limit marriage to opposite-sex couples. The decision was based on an understanding of the limited role of the Court vis-ŕ-vis the legislature, and not the substantive issues underlying extending marriage to same-sex couples. In her plurality opinion, Justice Madsen emphasized that the decision was compelled by controlling state case law and based on the high level of deference that the Court was required to give the legislature. It did not reflect her personal opinions on whether same-sex couples should be allowed to marry. In applying “the highly deferential rational basis standard of review,” Justice Madsen found that the legislature was entitled to limit marriage to different-sex couples based on the belief that doing so furthers procreation and the well-being of children by encouraging families where children are raised by one man and one woman. Under this deferential standard, the Court found that the legislature did not have to support its beliefs with empirical proof. Three scholars at the Williams Institute of UCLA School of Law, a national research center on sexual orientation law and public policy, are available today to comment on the Court's opinions. M.V. Lee Badgett, PhD, Research Director In a dissenting opinion supporting the extension of marriage, Justice Bobbe J. Bridge detailed a history of discrimination against gay men and lesbians in the state. In doing so, she cited the work of M.V. Lee Badgett to counter the Court's conclusion that lesbians and gay men are politically powerful due to their perceived economic success. Dr. Badgett states that, “the myth of gay affluence often comes from marketing research that can be biased. Sound economic analyses show that lesbians and gay men are not economically advantaged.” Dr. Badgett has directed a three-year project at the Williams Institute to estimate the impact of marriage equality on state budgets, including Washington State. Gary J. Gates, PhD, Senior Research Fellow Dr. Gates co-authored The Gay and Lesbian Atlas and is a recognized expert on the demographic characteristics of the gay and lesbian population. His research demonstrates that many same-sex couples in Washington are raising children. Dr. Gates observes that, “Analyses of Census 2000 data reveal that there are 15,900 same-sex couples in Washington, ranking the state third in the per capita rate of these couples within the population. More than one in five same-sex couples in Washington are raising over 7,000 children.” Professor R. Bradley Sears, Executive Director Brad Sears teaches sexual orientation law at UCLA and the University of Amsterdam and is available to discuss the legal reasoning in the opinion and place it in a national and international context. “Justice Madsen's opinion leaves open several avenues for same-sex couples for pursuing legal recognition and protection,” says Sears. "First, the legislature or the people of Washington, through the initiative process, can extend marriage to same-sex couples. In addition, there is still room for the Washington Supreme Court to act. At the request of the plaintiffs, the case only dealt with the denial of the ‘status’ of marriage and not the denial of the hundreds of legal rights and benefits attached to that status. Justice Madsen emphasizes the serious hardships faced by same-sex couples by being denied these benefits, indicating that she might have reached a different conclusion if faced with that issue.” The Williams Institute on Sexual Orientation Law and Public Policy is a national research center dedicated to advancing law and public policy through rigorous and independent research and scholarship. For additional information and to view the Washington studies, please visit the Williams Institute website at http://www.law.ucla.edu/williamsinstitute.
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