Story Published:
Jul 26, 2006 at 2:13 PM PST
Story Updated:
Aug 31, 2006 at 8:31 AM PST
OLYMPIA - The deeply divided Washington Supreme
Court's decision to retain the state ban on gay marriage may roil
the already volatile court elections this fall.
Chief Justice Gerry Alexander, who is under attack from the
right and from the building industry and others, joined the shaky
5-4 majority. That puts him on the side of public opinion,
according to the polls, but might alienate some of his progressive
backers, analysts said Wednesday. Alexander is opposed by attorney
John Groen.
Two other justices up for re-election this fall, Susan Owens and
Tom Chambers, were among the four dissenters and would have thrown
out the state's gay-marriage ban, called the Defense of Marriage
Act.
Owens already was considered vulnerable and faces a strong
challenge from state Sen. Stephen Johnson, R-Kent. Chambers is
considered a safe bet for re-election and the case isn't expected
to hurt him much.
Gov. Chris Gregoire, who supports all three justices for
re-election, noted that they were on opposite sides of the
gay-marriage question, and said she hopes voters won't politicize
the judiciary.
Still, she expects it to stir up the races, which already were
heating up with strongly financed opposition.
"I do think that any opinion of this nature, when you've got
emotions running so high, is going to have an impact" on
elections, Gregoire told reporters.
"I would simply ask our citizens to understand that these
people are doing their job as best they can. Whether we agree or
disagree with them, we have to respect that they're doing their
job."
Former Justice Phil Talmadge, one of the state's top appellate
lawyers, said having the decision released just as court campaigns
are heating up can't help but affect the races. Groen and Johnson
will gain traction with their backers and Justice Chambers may draw
an unexpected challenge, he said. As of Wednesday, no one had filed
against him.
"It will be a major issue for some in the upcoming election,"
Talmadge said.
"It's pretty simple, Politics 101" - that foes of the marriage
ban take a hit, said GOP consultant Chris Vance. "Every poll I've
ever seen, every election on this issue I've ever seen around the
country, has gone against this.
"It would have been a more powerful issue if it had gone the
other way, but for people who feel strongly on either side, some
might become single-issue voters on this."
Tom McCabe, leader of the politically active Building Industry
Association of Washington, said Owens clearly took a hit by lining
up with a viewpoint that polls show to be overwhelmingly unpopular.
"Over 75 percent of Washingtonians believe that gay marriage is
not OK," he said. "If voters are educated about how judges voted
on this, they would be less likely to vote for Susan than before
they found out that information."
He said Alexander might get criticized by both sides.
On the other side of the coin, Hugh Spitzer, a former candidate
for the high court and currently an attorney and constitutional law
professor, said having the law upheld "will probably take the wind
out of the sails of the right wingers who want to politicize our
Supreme court."
Alexander, Chambers and Owens downplayed the possible role of
the high-profile case.
"I would hope voters would look at any judicial candidate from
the perspective of their entire record and not just one case,"
Alexander said in an interview. "I'm just going to go out and be
myself, go see people and be a happy campaigner and not worry about
it."
Alexander said the case was processed without regard to the
election cycle. Some had speculated that court would hold the case
until after the elections, to shelter the three incumbents.
The opinions were released just as soon as they were all locked
down and ready for public release, he said.
"I think we were ethically bound to, when the opinion is ready,
the opinion issues. You can't hold it up for extraneous reasons,
not for some political reason."
Owens, who first signaled to the AP last week that the case
would come down soon, said living through the protracted case was
"uncomfortable and complicated," sure to rile people.
"How will affect the race? My answer is, I don't know. People
who have strong feelings one way or another will look at it. Most
voters are not one-issue voters."
Chambers said he and his colleagues try not to take politics
into account, but decide cases on the merits.
"Every case we decide is a tough case. How we decide will tick
off a lot of people. It comes with the territory and you call it
the way you see them.
"If people are motivated on a single issue, that's too bad."