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Andersen v. King County - Wikipedia
In the days that followed, publications such as the Washington Times decried the principle of diplomatic immunity—which protects top foreign diplomats and their families from being arrested or detained in the country in which they are serving—for protecting the girl from the law.
The incident at the British International School was not entirely uncommon.
In a city with more than embassies and countless more diplomats, debates often arise about the nature of the relationships between US authorities and the foreign institutions that reside here. Murphy counters, however, that diplomatic immunity serves as much to protect American envoys who are sent abroad as it does foreign diplomats serving in the United States.
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Here are five common misconceptions about diplomatic immunity, debunked:. Under the Vienna Convention, only top diplomats are given the highest degree of immunity from the law. It also means that their property or residences cannot be entered or searched. Those who are not subject to full immunity include technical and administrative embassy staff, and service staff. Nationals or permanent residents of the United States for instance, the American spouse of a foreign diplomat are not granted immunity, either.
Two British women lose their employment battles with US airbases after US claims state immunity
The embassy remains located on US territory, but the US government is obligated to respect and protect its premises. King County , P. Sims , is a Washington Supreme Court case in which eight lesbian and gay couples sued King County and the state of Washington for denying them marriage licenses under the state's Defense of Marriage Act DOMA , which defined marriage as between a man and a woman.
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The court ruled that banning same-sex marriage is constitutional since the legislature could reasonably believe it furthers the government interest in promoting procreation. The state enacted same-sex marriage in Opponents forced a referendum on the issue, and voters approved the legislation on November 6.
Downing ruled that the state law prohibiting same-sex marriages, or DOMA, was unconstitutional, finding for the plaintiffs on August 4, The judge ruled that restricting the institution of marriage to opposite sex couples "is not rationally related to any legitimate or compelling state interest. In , the Andersen v.
Sims case was consolidated with Castle v. State , another case that was appealed to the Washington Supreme Court from a lower court in Thurston County. The combined cases were filed under Andersen v. On July 26, , the court's ruled in a decision that the state Defense of Marriage Act was constitutional.
The majority ruled that the state DOMA does not violate the state's constitution. In the plurality opinion signed by Justices Gerry L. Alexander and Charles W. Johnson , Justice Barbara Madsen wrote that "Under this standard, DOMA is constitutional because the legislature was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential to the survival of the human race, and furthers the well-being of children by encouraging families where children are reared in homes headed by the children's biological parents.
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Alexander issued a separate concurring opinion, emphasizing the possibility that the legislature or people could expand the definition of marriage in the state.