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After 17 years and 2 kids . . .
. . . gay couple goes to Washington's top court to fight for right to marry, protect their family
By Rebecca Cook
Associated Press
Published March 6, 2005
SEATTLE -- The Castle-Bauer household moves to a familiar rhythm.
Celia Castle wakes before dawn on a school day, starts the coffee, feeds the pets and fixes her daughters' lunches.
Soon the house will fill with light and the sounds of 12-year-old Nicola and 9-year-old Robbie as they wake up. There will be school and work, choir and piano practice, and when it gets dark again, everyone will gather around the dinner table and share at least one good thing about their day.
Small dramas punctuate their routine: A hamster escapes, a science project deadline is imminent, aging plumbing dies.
But Tuesday will be different. They will head to Olympia, where lawyers will stand before the state Supreme Court and debate the family's fate in the cold language of constitutional law. Then they'll wait for nine justices to decide whether Nicola and Robbie's mothers can marry.
Although they are lead plaintiffs in Washington state's gay marriage lawsuit, Brenda Bauer, 48, and Castle, 49, did not set out to become gay-rights pioneers. They watched with interest but little urgency as gay marriage was legalized in British Columbia in 2003 and then briefly in San Francisco last year.
But when Oregon's Multnomah County started granting same-sex marriage licenses last spring, they drove there to exchange "I do's" before a judge.
The Castle-Bauers' Oregon marriage license is in legal limbo now, as are the unions of 3,000 other gay couples who got married there last spring. Oregonians, along with voters in 10 other states, passed a ballot measure last November banning same-sex marriage. The fate of the Multnomah County marriages lies with the Oregon Supreme Court, which is expected to rule soon.
Meanwhile, gay-rights activists in Washington state decided to ask the courts to overturn a 1998 state law forbidding same-sex marriage.
The American Civil Liberties Union sought gay pillar-of-the-community types across the state. A friend suggested Bauer and Castle, and they joined a list of plaintiffs that includes a police officer, a judge, a college professor and a nurse.
Skeptical about marriage
Castle, a Bellevue firefighter, had been skeptical about marriage. One of the things she liked about being a lesbian was how it freed her from traditional sex roles. But after the Oregon trip, she had to admit there was something to marriage, even after 17 years and two children together.
"It was just a sense of permanence that was not there before. I thought, `Naw, that's absurd. How could a piece of paper and 10 minutes in a judge's office change the nature of how you looked at things?"' she says. "But it does."
When Bauer looks back, she says the need for civil marriage crystallized at the birth of their first daughter. Bauer is the biological mother of both girls, who were conceived through artificial insemination.
She started bleeding heavily the night she came home from the hospital with Nicola. As the medics prepared to transport her to the emergency room, she tried to remember where she had put the medical power of attorney papers and wondered whether the hospital would even honor them. Fighting unconsciousness, she worried that if she died, Castle would have no legal rights to her daughter.
"I was literally bleeding to death and thinking, we have no rights," Bauer said.
The two women have built an approximation of civil marriage through careful layering of legal agreements and adoptions. Still, the pseudo-marriage patchwork they have created doesn't fully protect them.
For example, if Castle rushed into a burning building to save someone and was killed, Bauer wouldn't get her pension benefits, as another firefighter's spouse would.
They won their first court battle. A Thurston County Superior Court judge said the gay marriage ban violates the state constitution's promise of equal "privileges and immunities" for all citizens. A King County judge also ruled in favor of gay marriage in a separate case. The state Supreme Court will hear appeals on both cases Tuesday.
Family group opposition
Opponents of a Castle-Bauer marriage include Jeff Kemp, a former National Football League quarterback whose organization, Families Northwest, filed a brief in the lawsuit.
Gay marriage wouldn't destroy his 21-year marriage or warp his four children's minds, Kemp says. But he believes it would hurt society, much the way he believes the rise of no-fault divorce in the 1970s did.
"I am not talking about individual couples damaging me," Kemp says.
Kemp says the fundamental nature of marriage is its union of two opposites, the male and the female. In his view, same-sex marriage changes the definition so much that it isn't really marriage anymore.
It is easier to oppose gay marriage in general, Kemp acknowledges, than to tell specific people that their relationship damages society, although he believes that to be true. In fact, he believes he and the plaintiffs probably share similar motivations, even though they come to opposite conclusions.
"They, too, care for the health and well-being of children and families," Kemp said.
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