Family Law News

Howard Center Applauds Washington Supreme Court Ruling On Marriage

A surprising court decision from a liberal state upholds the social value of traditional marriage, the benefits of marriage to children and the right of a state legislature to restrict the definition of marriage.

The Howard Center For Family, Religion and Society applauds yesterday’s decision of the Washington Supreme Court to uphold marriage as the union between a man and a woman.  This decision follows recent positive outcomes in marriage cases in including New York, Nebraska, Connecticut, Georgia, and Tennessee.

In the Washington Supreme Court case, Dr. Allan Carlson, president of The Howard Center, worked with the Alliance Defense Fund and lawyers at Ellis, Li & McKinstry to provide the Court a written declaration under oath.  In his declaration, Carlson states, “Viewed historically, marriage has been a universal institution, found in every known human society, and focused first on the procreation and rearing of children…The historical record, common sense and social science all affirm that children do best when they are born into and reared by a family composed of their two natural parents bound in marriage.”  

This statement was echoed in the court’s majority decision which found that “encouraging procreation between opposite-sex individuals within the framework of marriage is a legitimate government interest furthered by limiting marriage to opposite-sex couples…the [Washington] legislature was entitled to believe that providing that only opposite-sex couples may marry will encourage procreation and child-rearing in a traditional nuclear family where children tend to thrive.”  Dr. Carlson’s full declaration provided to the court and text of the ruling can be found online at Declaration (.pdf file).

The Washington Supreme Court decision actually involved two consolidated cases of separate groups of same-sex couples who had challenged the marriage laws of the state.  Two trial courts had ruled that the state marriage laws were unconstitutional.  On appeal, the supreme court ruled 5-4 in favor of the constitutionality of the marriage law in a decision resulting in six written opinions.  Kristen Waggoner, a Washington attorney representing the interveners in the case and co-chair of Allies For Marriage and Children (alliesformarriage.org) said, “This is an action that is right in line with what other courts have been finding all around the nation.  The Court allowed representative democracy to triumph.”

Allan Carlson observed that the Washington Supreme Court decision may represent a turning point in the seemingly never-ending court battles to protect marriage and children, “When it comes to preserving traditional marriage and the natural family, it’s typically been judges versus the people.  Finally, several judges are heeding their constitutional mandate to uphold the law instead of creating a right for homosexual marriage and mandating social engineering.”

The Howard Center has published a number of resources on the same-sex marriage issue that can be requested at 1-800-461-3113 or accessed on the internet at profam.org . Read more at profam.org

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	Did You Know?
	There are legal requirements for being married? As in all areas of family law it is wise to consult with your lawyer. The legal requirements for a man and a woman to marry vary from state to state. Although there are differences between the requirements in the various states, a marriage between a man and a woman performed in one state must be recognized by every other state under the Full Faith and Credit Clause of the United States Constitution.