Same-Sex Unions
in the
Conflict of Laws
   

If there is one thing that the people are entitled to expect from their lawmakers, it is rules of law that will enable individuals to tell whether they are married and, if so, to whom.

U.S. Supreme Court Justice Robert H. Jackson (1948)

 
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Case

Leskovar v. Nickels

WASHINGTON

2004-07

Marriage Recognition

 
 


Leskovar v. Nickels

No. 04-2-05857-1 (Wash. Super. Ct. King Cnty.)
No. 04-2-05955-1 (Wash. Super. Ct. King Cnty.)
No. 54354-7 (Wash. Ct. App. Div. I)
No. 54450-1 (Wash. Ct. App. Div. I)

In early 2004, Seattle mayor Gregory J. Nickels announced a policy of recognizing non-local same-sex marriages for the purpose of determining eligibility for city employee benefits. Residents represented by conservative legal groups (Pacific Justice Institute and American Family Association) challenged the legality of the policy under Washington's Defense of Marriage Act.

The trial court rejected the challenge in mid-2004, and the residents appealed. The intermediate appellate court stayed the appeal in late 2004, pending the decision of the state high court in a case challenging the constitutionality of the state's refusal to authorize same-sex marriages. After the high court rejected that constitutional challenge in 2006, the intermediate appellate court lifted the stay in Leskovar.

In September 2007, the intermediate appellate court rejected the legal challenges and upheld the policy.

Legal Documents

wash. super. ct.

Docket (No. 04-2-05955-1)

wash. ct. app.

Docket (No. 54354-7)
Docket (No. 54450-1)

Press Releases

American Family Association (July 26, 2006) (noting effect on case of state high court's rejection of marriage challenge)
Pacific Justice Institute (July 2007) (noting oral argument)

Last updated: September 30, 2007
© 2007 by Stephen Clark