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Washington state Supreme Court upholds gay marriage ban.

The Seattle Times (Seattle, WA)

| July 26, 2006 | COPYRIGHT 2007 The Seattle Times. (Hide copyright information)Copyright

Byline: Lornet Turnbull and Jonathan Martin

SEATTLE _ The Washington Supreme Court on Wednesday upheld the state's 1998 ban on same-sex marriage _ a ruling decried by gay activists but heralded by supporters of traditional marriage.

The decision came as a sobering defeat for gays and their advocates, who had hoped the court would strike down the so-named Defense of Marriage Act _ DOMA _ which restricts marriage to one man and one woman.

Writing for a 5-4 majority, Justice Barbara Madsen said DOMA is constitutional because in establishing DOMA "the legislation was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential to the survival of the human race and furthers the well-being of children by encouraging families where children are reared in homes headed by children's biological parents."

As such, DOMA does not violate the state Constitution's privileges and immunities clause of the state Constitution, which requires that …

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