The Seattle Times reports:
In his 38 page ruling setting aside Washington State’s DOMA, Hicks also recognized homosexuals are a suspect class, which entitles them to equal protection under the law. King County Superior Court Judge William Downing had previously ruled for same sex marriage, but did not classify homosexuals as protected. Both ruled marriage is a fundamental right.
As is often the case, the judge found procreation based arguments for limiting marriage to the one-man one-woman model unpersuasive. The Seattle Post Intelligencer reports:
“For at least two generations we have understood ‘family’ as something more than a man mating with a woman to have a child,” Hicks wrote.
Attorneys expect Hicks will delay implementing his ruling, so same sex couples probably won’t get marriage licenses soon. Both cases are headed for the Washington Supreme Court, which will likely join the two cases. Meanwhile, opponents of marriage equality will work to amend the Washington State Constitution.
