Board Meetings
By J. Mark Weiss
Fair Campaign Practices Complaint against Candidate Russ Wilson
The Trustees considered in executive session a fair campaign practices complaint against Russ Wilson, candidate for Renton Municipal Court Judge. The complaint was investigated by the KCBA’s Fair Campaign Practices Committee.
Wilson had stated orally and in campaign literature that he was currently serving as a King County District Court pro-tem judge. Wilson had indeed completed a one-day course open to all attorneys as a prerequisite to serving as a pro-tem judge, but had never been invited to serve as a pro tem, had never actually served and had not been sworn in.
After consideration and discussion, including Wilson’s own statements on a video tape, the Trustees concluded that Wilson’s statements to the public that he was a pro-tem judge had the potential of misleading the voting public. The KCBA issued a press release concerning the determination.
Same-Sex Marriage Policy Statement
The Trustees have for months been grappling with a request to formulate a policy statement related to same-sex marriage. After first considering the issue at the July 6 meeting, the Trustees created a work force to study and make recommendations concerning this hot-potato issue. The task force, chaired by Joe Bringman, undertook a thorough review of all the materials and provided its report and many of the materials it had assembled to the Trustees on September 21.
There was general agreement that same-sex couples should have the option for the same legal rights, benefits and obligations as married couples. The issue was whether that status should be called a “marriage” or could be called either a “civil union” or a “marriage.” The task force members had differing views on whether the “marriage” label was a political issue instead of a legal issue, whereas all could agree that there should be no discrimination against couples on the basis of sexual orientation.
Peter Greenfield, former KCBA president, spoke at the meeting and drew the distinction between a religious marriage and a civil marriage. He emphasized that the KCBA’s position should relate only to the civil marriage, not religious marriage, just as the civil rules concerning divorce relate to the legal view of divorce, not the religious view.
Analogizing to Brown v. Board of Education, he stated that separate-but-equal treatment was not adequate, because it would cause the persons who are treated differently to be viewed differently, and with inferiority. After much discussion, the Trustees decided that the issue needed further discussion at the next meeting.
The October 5 meeting was devoted to this controversial issue. There was substantial and lengthy debate concerning the various viewpoints on this issue. After considering the merits, and cognizant of the sensitivities surrounding this issue, most agreed that the issue related to a question of civil rights under the law and that the KCBA position should be confined to civil marriage and not extend to marriage as viewed by any religion.
Hence, the Trustees rejected the “separate but equal” status of a civil union in favor of civil marriage. The policy will be posted on the web site with a request for comments from members. The policy is intended to respect the right of any religion not to recognize same-sex marriage within that religion.
The policy statement reads:
Two people of the same sex should have the right to marry under state law and to undertake the legal responsibilities and to enjoy the legal protections associated with civil marriage under the law.
This article discusses selected issues that were before the Board of Trustees at its September 21 and October 5 meetings. The author wishes to thank Joseph Bringman for preparing minutes for the October 5 meeting. Complete minutes of this and other board meetings are available from the KCBA office.
J. Mark Weiss is KCBA secretary/trustee. Weiss practices family law in Seattle. He can be reached at 206-622-6707.
