Yesterday, a Washington Superior Court judge issued an opinion (PDF File) in which he concluded that the Washington law prohibiting same sex marriage violated the Washington Constitution. Although decided under Washington law, the judge recognized the reasoning of Goodridge v. Department of Public Health, 440 Mass. 309 (2003) (holding that Massachusetts must recognize same sex marriages) and Baker v. State, 170 Vt. 194 (1999) (holding that Vermont must give same sex couples rights of married couples in marriage or civil unions) as supporting the factual basis under which he concluded that prohibiting gay marriage “is not rationally related to any legitimate or compelling state interest.”
The court also cited Lawrence v. Texas, which holds that a prohibition of homosexual sodomy “furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.”
Although the recent decisions rejecting prohibitions against same sex marriage have been well publicized, I do not recall reading about other recent decisions that upheld prohibitions against gay marriage (except for preliminary decisions in New York and California enjoining ongoing gay weddings but deferring the ultimate Constitutional question). In the Washington case, there were no such decisions cited.
So, my question is what, if any, are the recent judicial decisions that have considered federral or state Constitutional requirements and upheld a prohibition against gay marriage. Although earlier decisions are of interest, I’m wondering particularly about any decided since the 2003 Lawrence and Goodridge decisions.
By the way, as this is GQ, I’m looking here for citiatons or references to the decisions themselves and not to discussions of them. There’s plenty of room in GD for that.