Your editorial (TNT, 2-13) regarding same-sex marriage states that if a referendum overturns the new law permitting same-sex marriage, a “test case” would go to the Washington Supreme Court, and “observers” believe it would rule in favor of same-sex marriage.
Your editorial, however, doesn’t mention that this “test case” was already decided by the state supreme court in July 2006. In Andersen v. King County, the court ruled just the opposite. The Defense of Marriage Act was challenged in a lawsuit brought by a dozen couples in King and Thurston counties.
The supreme court ruled that there is no fundamental right to marriage that includes the right to marry a person of the same sex, and therefore the law didn’t violate the state constitution’s privileges and immunities clause, which is applied under the federal equal protection clause.