Human rights advocates suffered a one-two punch from the courts on Wednesday. First the Washington state Supreme Court upheld the Defense of Marriage Act, meaning that the law prohibiting same-sex marriage in Washington will stand. Meanwhile, a federal judge in Olympia refused to enjoin the Air Force from kicking out reservist Maj. Margaret Witt, a Spokane lesbian with 19 years of distinguished military service.

Neither decision was a surprise, but that doesn’t soften the disappointment for those who think sexual orientation should not be a barrier to full participation in society.

Still, there is an encouraging message in the same-sex marriage ruling, which fell along 5-4 lines that don’t do justice to the fractious divisions on the court.

Justice Barbara Madsen made it clear in the majority opinion that the court was honoring the constitutional separation of judicial and legislative powers, not necessarily endorsing the philosophy behind the state Defense of Marriage Act. The hopes of gays and lesbians to marry are within the power of the Legislature to fulfill, she said – a point on which Justice Jim Johnson expressed strong reservations while concurring with the outcome.

State Rep. Ed Murray, D-Seattle, quickly announced that he will introduce legislation in January to allow same-sex marriage. It took nearly 30 years before the Washington Legislature agreed this year to prohibit discrimination based on sexual orientation, so Murray’s proposal is unlikely to produce dramatic success.

But a close reading of the six separate opinions handed down in the marriage decision shows a level of enlightenment about the issue that would have been startling a decade or so ago.

“We do not doubt that times have changed and are changing, and that courts and legislatures are increasingly faced with the need to answer significant legal questions regarding the families and property of same-sex couples,” Madsen wrote.

If they want that change to continue, those who believe gays and lesbians are entitled to a fuller measure of justice know where to apply their energy.