Wash. Supreme Court published opinion — 961328.pdf

Citation: Wash. Supreme Court published opinion — 961328.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/961328.pdf ↗

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granted a privilege or immunity implicating a fundamental right and (2) if a privilege or

immunity was granted, whether the distinction was based on reasonable grounds.

Schroeder v. Weighall, 179 Wn.2d 566, 573, 316 P.3d 482 (2014).

Two of Woods’ fundamental rights are present in the current case: the right to an

individual’s sexual orientation and the right to marry. See Lawrence v. Texas, 539 U.S.

558, 577-78, 123 S. Ct. 2472, 156 L. Ed. 2d 508 (2003); Bowers v. Hardwick, 478 U.S.

186, 215-20, 106 S. Ct. 2841, 92 L. Ed. 2d 140 (1986) (Stevens, J., dissenting), overruled

by Lawrence, 539 U.S. 558; Obergefell v. Hodges, 576 U.S. 644, 663-65, 135 S. Ct.

2584, 192 L. Ed. 2d 609 (2015). In Lawrence, the Supreme Court struck down criminal

convictions of persons engaged in same-sex conduct, holding that a liberty interest exists

in a person’s private, intimate conduct. 539 U.S. at 577-78. In so holding, the Court

observed that persons in same-sex relationships enjoy the same liberty as those in

heterosexual relationships to make intimate and personal choices central to their personal

dignity and autonomy. Id.; see also Planned Parenthood of Se. Pa. v. Casey, 505 U.S.

833, 851, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992) (“At the heart of liberty is the right

to define one’s own concept of existence, of meaning, of the universe, and of the mystery

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of human life.”). Lawrence endorsed Justice Stevens’ dissenting opinion in Bowers,

explaining that this liberty extends to unmarried as well as married persons. Lawrence,

539 U.S. at 574, 577-78.

In Obergefell, the Supreme Court concluded the fundamental right to marry