Candidates divided over ruling on gay marriage

Candidates for governor and attorney general disagree on whether the state can prohibit gay marriages, but are unanimous in saying they will push for a state Supreme Court hearing on a ruling allowing such marriages.

Wednesday’s ruling, by King County Superior Court Judge William Downing, contradicts the state’s Defense of Marriage Act, which defines marriage as a union between a man and a woman. Denying same-sex couples the right to marry violates both their state and federal constitutional rights, the judge found. The effect of the decision is on hold until the case is heard by the state Supreme Court.

Attorney General Christine Gregoire, who is running for governor, said Thursday in Spokane it was her duty as the state’s top legal officer to defend laws the Legislature passes. Her office argued the case before Downing, and will prepare an appeal of Wednesday’s ruling.

The attorney general “has the constitutional duty” to defend the state’s marriage law, Gregoire said.

Ron Sims, her main Democratic opponent, said he thinks the ban on gay marriage is unconstitutional and agrees with Wednesday’s ruling. As King County executive, Sims is one of the defendants named in the case. But he doesn’t object to same-sex marriage and hopes the state Supreme Court will uphold Downing’s ruling.

“I believe the state’s constitution allows for people who are gay and lesbian to get married,” Sims said.

Republican gubernatorial candidate Dino Rossi disagrees. Spokeswoman Mary Lane said Rossi hasn’t made it a major focus of his campaign but “believes marriage should be between a man and a woman.”

As a state senator, Rossi voted for the Defense of Marriage Act, which prohibits gay marriage, and would push the appeal, hoping the state Supreme Court upholds the act.

Handling that appeal will be the job of the next attorney general, who will take office in January after winning the Nov. 2 election. Gregoire said the case won’t be argued at the high court before next year because several decisions must still be made on how to proceed. Another case challenging the law is pending in Thurston County, and a decision needs to be made whether to combine the two, she said.

Democrat Mark Sidran said he believes gays and lesbians are entitled to marry, but that won’t keep him from pursuing the appeal if he is elected attorney general.

“My duty as attorney general is to defend the state law, and the law is what it is,” Sidran said. “It’s not that unusual for lawyers to advocate a position they might not personally agree with.”

His primary opponent, Deborah Senn, said she wouldn’t comment on the case, other than to say that her job would be to defend the law “whether you might agree with it or not.” She wouldn’t say whether she agreed with the state’s Defense of Marriage Act.

On the Republican primary ballot, both Mike Vaska and Rob McKenna said they agree with the law, but that wasn’t the main consideration in continuing the appeal.

“It’s not my job to make policy, but to apply and enforce the law,” said Vaska. Downing’s court was “a way station to the ultimate decision-maker,” the state Supreme Court, he added.

“Losing in trial court doesn’t mean you have the wrong strategy,” Vaska said.

McKenna said he strongly disagrees with Downing’s ruling, but wants to go through it carefully before saying what changes, if any, he’d suggest on appeal.

He’s heard criticism that Gregoire’s office decided on a defense that was “too narrow,” because it didn’t emphasize how morality, values and culture supports the law. But he won’t know if that’s accurate until he goes through the complete record, he said.