
Back in September, when Rob McKenna asked the Washington State Supreme Court to reconsider its 7-2 decision against him in Goldmark v. McKenna, I called our state attorney general a "poor loser" who "doesn't stand a snowball's chance in hell" of winning his appeal.
Yesterday the court denied his motion for reconsideration.
This whole kerfuffle has been baffling from the start, with McKenna seemingly determined to stake his reputation as a lawyer on a case he could not possibly win. Whatever the merits of the underlying case (a dispute over whether a PUD can use eminent domain to take state trust lands), McKenna's claim that the attorney general has discretion to unilaterally deny state officers and agencies access to the courts, is totally indefensible.
Such discretion would essentially allow the AG to set policy for other state officers, a 7-2 majority of justices recognized, a danger that "should be obvious in a partisan political system such as ours."
It didn't take a legal scholar to see that McKenna was on the wrong side of the law. But then, nobody ever said our attorney general was much of a lawyer.
Both house and senate committees will hear testimony on Initiative 502, the initiative to tax and regulate marijuana, beginning at 8:00 a.m. The LIVE FEED IS HERE.
Now, it's totally unrealistic to hope that the legislature will pass I-502, which they could do this session. They don't have the numbers. I-502, which has enough signatures to automatically appear on the November ballot if the legislature does nothing, includes new taxes, so passing it in the legislature would require a two-thirds majority—a majority they don't have for saving children's health care, let alone freeing da weed. But it will be interesting to see who speaks against the measure and what they say: law enforcement officers who want more leeway, medical pot activists who want to drive with active THC in their system, lawmakers who are cowards, hippies who want the perfect initiative and are angry that this isn't it. Let's watch.
It wasn't long after Democratic gubernatorial hopeful Representative Jay Inslee released his jobs plan yesterday, that the Republicans predictably fired back with a statement dissing government's previous efforts to promote clean technology jobs. But it was a critique that Inslee had already parried at his press event.
"We understand one important fact about innovation: It's tough," Inslee explained in response to a question from the Seattle PI's Joel Connelly. "We are creating whole new industries," Inslee continued, "and when we do this, of course there are failures." Inslee made a cogent argument for investing in core new industries as a whole, even though some individual ventures are bound to fail, before going on to challenge "those who don't understand the growth potential" of these industries, to "walk around and talk to the brilliant Washingtonians who are creating whole knew industries today."
Watch the clip. It's pretty positive and upbeat. Inslee has been criticized by some campaign observers for lackluster stump speeches, but as he demonstrated during the Q&A portion of the program, he's often at his best when he's speaking off the cuff.
As many of you noted, Ken Hutcherson doesn't always give the most coherent testimony.
So. Did anything more compelling come out of the mouths of gay marriage opponents at yesterday's hearing in front of the House Judiciary Committee?
Hit play and you'll get it all, eventually. But just in case you don't have time to sit through every last bit of the post-Hutch testimony, I've condensed the "best" arguments for you right here:
John Geis of the Family Policy Institute of Washington: "Before you tear down a fence, you should have an understanding of why it was put up.”
Kennon Forester, citizen and farmer: “In farmers' terms, when we put two bulls in a pen we don’t get a calf.”
Allison Vance, 13, who said she'd decided to testify on her own, but would be reading testimony “partly written" by her father: “In order to walk properly, you must wear one left shoe and one right shoe." (Trying to make a same-sex family work, Vance said, is "like trying to walk with two left shoes.”)
Jennifer Morris, citizen: “Today my main message is that specific tools are for specific purposes… If you were going to build a skyscraper, you would not be putting bolts with bolts and nuts with nuts, because the structure wouldn’t go up. And if it did it would probably fall apart, probably destroying many lives… I feel very demeaned by the fact that roles don’t seem to matter."
Here's what Ken Hutcherson, official spokesman for Washington's anti-gay-marriage movement, said this morning before the House Judiciary Committee.
Spoiler alert: In addition to calling Representative Jamie Pedersen (D-43) "the worst" for bringing his children to Olympia, Hutch talks about how long he's been black, love, the children, and the limits of Michael Jackson's powers.

Using a South Seattle factory floor as a backdrop, Democratic gubernatorial hopeful Jay Inslee introduced his jobs plan today, that focuses on government reforms, lowering health costs, improving education, and investing in critical industrial sectors like aerospace, life sciences, information technology, agriculture, and clean technology. And while the speech itself may have been a little thin on details, the 30-page white paper the campaign just posted online—"Building a New Economy for Washington"—will take a bit of time to digest.
Filled with all sorts of wonky deliciousness from investing in PTACs (whatever that is), to allowing "pre-revenue research-based companies" to accrue and sell R&D tax credits (again, don't ask me for an explanation), Inslee's plan includes a laundry list of ideas, goals, and specific proposals. It also represents a contrast in both style and substance from his Republican opponent, attorney general Rob McKenna.
Happening now, streaming right here, and at this very moment featuring the testimony of Ken Hutcherson.
Wondering how it's all going to go down in the house, and what happens after that? Right here.
Remember those important home foreclosure bills (here, here, and here) that I've been following?
One of them, SB 6070, would shed light on the mysterious world of mortgage securitization by forcing big banks to record, in the county of the property in question, every selling and re-selling and re-packaging of a particular home's mortgage.
This would raise money for cash-strapped counties while also allowing home owners—including those facing foreclosure—to figure out who really owns their mortgage, all without the homeowner having to go to MERS.
You ask: What's MERS?
Take it away, New York state Attorney General Eric Schneiderman:
NEW YORK, Feb 3 (Reuters) - New York state Attorney General Eric Schneiderman on Friday accused three major U.S. banks of fraudulently using an electronic mortgage database to avoid the need for recording mortgage transfers...
"The mortgage industry created MERS to allow financial institutions to evade county recording fees, avoid the need to publicly record mortgage transfers and facilitate the rapid sale and securitization of mortgages en masse," Schneiderman said.
But down in Olympia, SB 6070—which addresses exactly the problem that the New York AG is now going to court about—won't be going anywhere except an extended study session that could last until December. Here's what went down when the bill was recently discussed at Sen. Steve Hobbs's Financial Institutions, Housing & Insurance Committee:
On Wednesday night in Olympia, right after Democratic Senator Kevin Ranker's moving speech about his gay father, Democratic Senator Jim Hargrove rose to explain his vote against gay marriage:
So, that happened. Hooray!
Now what?
According to Zach Silk, spokesman for Washington United for Marriage, the Washington State House will be taking its turn to vote on the gay marriage bill sometime next week.
No one expects anything other than easy passage in the house, where plenty of yea votes were secured long ago. The only question is procedural: Will the house consider the somewhat friendly-amended bill the senate passed last night, or will it keep working on the version of the bill it already has? Depending on what's decided, a vote could take place either Wednesday (if the house sticks with its current version of the bill) or Friday (if it goes with the senate's version, which would require another public hearing along the way to a vote). Either way, Silk says, "That puts it on the governor's desk the following week."
Once the governor receives the bill—not once the house passes it, but once the governor receives it, a small but meaningful distinction that can add a couple of days to this process—the governor then has five days to sign it into law.
"And then," Silk says, "as soon as this bill is signed, the opponents can file a referendum, which we expect they will do because they'll want as long as possible to gather signatures."
The rule is that referendum-filers get 90 days from the end of a legislative session to gather 120,000 valid signatures. If they can file their referendum and get its language approved before the scheduled March 8 end of the current session—well, if they can do that, then they end up with a bit more than 90 days to find signers.
You might ask: Who gets to decide what the ballot language should look like?
The answer is very interesting: Attorney General Rob McKenna.
"We're watching Rob McKenna closely," Silk says. "As we all should."
This was absolutely the best speech of the night. Republican State Senator Cheryl Pflug of Maple Valley—one of the first Republican state senators to announce support for gay marriage—calmly and earnestly takes her conservative colleagues on a tour of American history, reminding them why the Bill of Rights was created in the first place, how this country's founders came here to escape governments that tried to dictate what was true and holy, and how "tradition" is often kind to the majority and not to the minority.
There is an almost Biblical cadence to the way Pflug delivers her remarks: "And many of our forefathers came to this land...", "And so our Bill of Rights was born...," "And then it grew...", "And so I commend this bill to you today because it is part of our struggle..."
There is also something wonderfully devastating in the way Pflug dismisses Republican Senator Don Benton's talk about how few gay people there are.
"I don't know how many gay couples there are," Pflug says, in a voice that has the almost whispered quality of a timid individual, but is in fact speaking words meant to flay. "It makes no difference."
A lot of powerful speeches were delivered last night. None was more quietly eloquent and perfectly sharpened than this.
Here is Sen. Pflug's contact info.
Also speaking last night against an unfriendly amendment that would have immediately put gay marriage up for a popular vote: Senate Majority Leader Lisa Brown:
Yet another great clip from last night. This one begins with Senator Don Benton (R-17) promoting an unfriendly amendment to the marriage bill that would have immediately put the bill up for a vote of the people. After Benton launches into a rambling discourse on how gay people are only .5 percent of the population—and therefore it should be fine to put their rights up for a vote of the people, and also something about the laws of gravity—Senator Ed Murray (D-43) rises to remind Senator Benton what representative democracy is all about:
Another great speech from last night, this one by State Senator Debbie Regala (D-27):
Sen. Regala's contact info.
If you had asked the conventionally wise a decade ago to put odds on legislative approval of full marriage equality a mere ten years hence, last night's remarkable senate vote would have appeared an unlikely long-shot.
Democrats had been trying and failing for years, simply to add sexual orientation to our state's anti-discrimination laws. Gay marriage? It was a distraction. In fact, more than that, gay marriage was the bogeyman at the bottom of the slippery slope that opponents hyperbolically used to squash public support for civil rights legislation.
And yet, last night, marriage equality leapt over its biggest hurdle, passing the state senate not in a squeaker, but by a decisive 28-21 margin that included four of 22 Republicans. That's about as close to bipartisanship as we get in this state when it comes to social issues.
A lot of activists and politicians played a role in last night's victory, and I don't mean to dis any of their contributions, but a big chunk of the credit goes to Senator Ed Murray, whose disciplined, gradualist strategy—even in the face of harsh criticism from others in the LGBT community who complained that he was moving too slowly—appears flawless in light of the final results. Sure, opponents will still likely gather enough signatures to put the issue before voters as a referendum, but given the way senate fence-sitters toppled over on the side of equality (not to mention the favorable public opinion polls), the odds are that this time next year, our local wedding industry will be booming with new customers.
Happy days, and all that.
But there's another issue that, ten years ago, establishment Dems would've said you were smoking crack if you thought you could move it, and one that honestly, has a helluva a lot more impact on most Washingtonians than whether that nice gay couple next door can legally tie the knot. Of course, I'm talking about tax restructuring: Moving Washington from the most regressive and most sales-tax dependent state in the nation, towards one that begins to tax income and/or wealth in a fair and sustainable manner.
A few of last night's senate floor speeches were so great that I want to revisit them as video clips today. First up: State Senator Kevin Ranker, D-40, who I'm told never shared this story before last night:
Sen. Ranker's contact info.
They look like a pretty bland bunch. But based on last night's wonderful, heartfelt gay marriage vote speeches, I now know that our state senators include:
- a son of a gay man
- a woman in an interracial marriage
- a majority leader whose sister is in a big gay relationship
- a straight Republican who thinks gay marriage is conservative
- a conservative Democrat who loves his gay army buddies so much that he'll vote against the will of his district for them
- a gay Roman Catholic in an LTR without children
- and a straight pot activist who can't figure out how the gays could possibly hurt her marriage
I love sharing time in the state senate!
(And I know I'm not an elected official or anything, but here's an idea: Maybe if you state legislators opened up about your families—and your feelings, and your lives as they're actually lived—more often, we wouldn't have to wait so long for this kind of progress.)
The proceedings are streaming here, and showing in Seattle at this bar.
6 p.m. The senate was called to order, members of both parties immediately recessed to their private caucus rooms to strategize, and Lieutenant Governor Brad Owen (who presides over the senate) reminded everyone up in the packed galleries that there are strict rules of decorum that should be observed. We'll see how that goes, but so far everyone's on their best behavior. Sen. Ed Murray promises that this will be over before the sun comes up... and hopefully it won't come to that. But just in case I have a nice seat here in the corner of the senate floor. Spotted watching intently from the wings: State Representative Jamie Pedersen, D-Seattle.
6:10 p.m. State Senator Brian Hatfield of Longview, one of four remaining undecided senators, announces that he'll vote for gay marriage. "After months of thought and prayer, I have decided that I will offer my vote in support of Senate Bill 6239," Hatfield says in a statement. "I believe this will not be the final word on this issue, as it is almost certain the voters of this state will have a chance to weigh in with our collective, 'yea' or 'nay'. I now hope that the Legislature can return to the business of the state, including balancing the budget, creating jobs and moving toward a full economic recovery.”
6:37 p.m. Back in session. First order of business: Rule suspended to allow the senate to meet until after 10 p.m. today—get comfy. (However, the senate also agreed to limit members' remarks to three minutes.)
Tonight the Washington State Senate stood up for what is right and told all families in our state that they are equal and that the state cannot be in the business of discrimination. I believe that this decision should be made by our state Legislature, and I’m proud our elected leaders recognized that responsibility.
Tonight we saw the best of Washington and our leaders. They were respectful and they were kind. I thank Sen. Ed Murray for his leadership.
This vote was courageous and was only possible with bipartisan support. That support shows Washington’s commitment to equality. Fair-minded and responsible leaders crafted a bill that protects religious freedoms while ensuring equal rights. I commend our state Senators who acknowledged tonight that separate but equal is not equal.
Tonight our families are better for this vote. Our kids have a brighter future for this bill. And our state is better for this bill. I encourage the House to approve this bill and get it to my desk for my signature. I look forward to the day when all Washington citizens have equal opportunity to marry the person they love.”

State Senator Ed Murray (D-43), briefing reporters a few minutes ago in the capitol's many-chandeliered reception room, said that for much of his career he didn't believe he'd be around for this moment.
"A lot of people are just stunned, particularly people in my age group," Murray said. "I don't think we thought this would come about in our lifetimes."
He applauded the guts of pro-marriage senators—both Democrats and Republicans—who come from districts that aren't as supportive of gay rights as Seattle's 43rd.
"I just am so moved by their courage," he said. "There really aren't words to describe it."
He noted that half a dozen amendments to the marriage bill have already been filed, and said he expected more—not all friendly. But he maintained that the senate will pass the measure tonight.
"We'll be finished tonight, even if we're here when the sun comes up."
Asked why marriage is so important when same sex couples in Washington State already have many of the rights of marriage via domestic partnership, Murray responded quickly and succinctly: "This is how society says you're a family."
Assuming the gay marriage bill passes the legislature, is signed by the governor, and survives a repeal effort at the polls in November, Murray and his partner, Michael Shiosaki, plan to take advantage of the new law.
"We will get married," Murray promised.
But for now, strong memories from the past were mixing with his plans for the future.
Murray recalled "a lot of angst" and "a lot of anger" in recent conversations with his senate colleagues leading up to today. He recalled earlier years when gay rights efforts produced "unfortunate, unfortunate debates that should never happen again to any group of people in these chambers." And he recalled his close friend and mentor, the late Cal Anderson, Washington's first openly gay state legislator, who died of AIDS in 1995. "He would be very proud," Murray said. "He would be very excited."
If you're unable to make it down to Olympia and looking for a public place to drink and cheer (and, probably, boo along the way to more cheering), Slog's Lobby Bar correspondent, Kara, says the bar will be showing the senate debate tonight starting at 6 p.m.
Current drink special: The Marriage Martini. "Gin, amaretto, orange-pineapple juice, and cream," says Kara. "It's $7."
I had to put on a jacket and tie to get in this fancy place, but Slog is now present on the floor of the Washington State Senate—where, at 6 p.m., the gay marriage speechifying and voting is set to begin. Already, gay rights supporters have out-hustled the foes of equal rights by showing up early to pack both senate galleries. If you were hoping to get a seat from which to fume about gay marriage passing... too late.
While we wait for 6 p.m., Slog reader Kara writes to ask:
Hi Eli,
I'm so sorry to bug you about this, I know you're not even in Seattle, but have you, or anyone else at The Stranger, heard of any bars in Cap Hill that are planning on streaming the debates and votes?
Thanks!
Kara
Anyone?

As Goldy reports in this week's paper, we've already rejected them three times in Washington State, and data show traditional public schools outperforming them, but now charter schools have wealthy backers and a new legislative push Olympia.
Few education-reform proposals evoke as much passion on both sides of the issue as charter schools. Or as much divisive, absurd rhetoric<: "This really is sorta Washington State's bridge at Selma moment," Representative Glenn Anderson (R-Fall City) testified at a January 20 committee hearing, comparing a bill on charter schools to a 1965 civil rights march near Selma, Alabama, in which hundreds of nonviolent marchers were bloodied by police beatings.
Read the entire piece. And check out this infographic primer on charter schools by Marley Zeno.
Remember: While there are 25 committed state senate votes for gay marriage—enough to pass the measure—there are still four state senators who remain officially undecided on this issue. Let's meet them again:




Find out how to contact these fence sitters (and learn which one of these guys is just 31 years old) right here.
Millions of families who did the right and the responsible thing, folks who shopped for a home that they could afford, secured a mortgage, made their payments each month — they were hurt badly by the irresponsible actions of other people who weren’t playing by the same rules, weren’t taking the same care, weren’t acting as responsibly. By lenders who sold loans to people who they knew couldn’t afford the mortgages; and buyers who bought homes they knew they couldn’t afford; and banks that packaged those mortgages up and traded them to reap phantom profits, knowing that they were building a house of cards.

Zach Silk, spokesman for Washington United for Marriage, says:
"We'd love people to show up at 4 o'clock at the state capitol. You can look for our Washington United for Marriage people, who will have t-shirts and clipboards—and we will work with you to make sure that you have the best view of the hearings. Either you can go to the senate gallery, or if the senate gallery's full there's going to be a lot of viewing within the capitol."
With 25 committed yes votes—just barely enough to pass the bill—Silk is predicting "an historic moment" for Washington State.
In reality, though, it may take more than a moment. I'm told the process could drag on into the night as various state senators speechify, use sneaky parliamentary tactics to try and derail the bill, and preen for the TVW cameras.
I'll be down there, and I'll let you all know what I'm seeing.
Like many of my fellow Americans, one of my memorable wha? moments when I was a young naif, first traveling in other countries, was the realization that grown-ups in pretty much every other place in the world were allowed to drink in movie theaters.

You went to the concession stand to get your popcorn (or whatever weird snacks were popular in whatever country you happened to be in), your soda, your coffee... and your booze: beer, wine, small jars of Slovak liquor that tasted like gasoline to sip-'n'-grimace through a showing of As Good As It Gets during which almost nobody in the cavernous Soviet-era theater watched but just talked through. Whatever you wanted.
Now Washingtonians have the chance to live the dream. A new bill, sponsored by Rep. Jim Moeller and Sen. Craig Pridemore (both D, from the Vancouver area), will allow a "theater" (defined in the Senate bill report as "an establishment in which feature motion pictures are regularly exhibited") to get beer and wine licenses so you can drink while watching a movie.
Why would two guys from Vancouver sponsor this kind of bill? The Colombian newspaper has the big scoop.
Kiggins Theatre owner Bill Leigh has poured hundreds of thousands of dollars into fixing up and reopening the downtown Vancouver landmark. He hopes a new bill proposed by a Southwest Washington lawmaker will help him attract more patrons by allowing him to serve alcohol in the theater’s auditorium.
That's democracy, people, working for you. I imagine Seattle voters would like this bill to pass as well—what's good for the movie-watchers of Vancouver is good for the movie-watchers of Seattle!
Sporting the most regressive tax structure in the nation by far, and facing relentlessly negative revenue forecasts at a time when the budgets of less sales-tax-dependent states are beginning to recover, you'd think a capital gains tax would be a no-brainer for Washington state. A five percent excise tax on capital gains (profits from the sale of stocks, bonds, and real estate), with a $10,000 exemption, would raise over $500 million a year, while impacting only the wealthiest three percent of households.
That's money we desperately need to pay for K-12 schools, public universities, prisons, parks, and everything else state government does. And with capital gains highly concentrated in the hands of the rich—96 percent goes to households with incomes over a million dollars a year—such a tax would constitute a small but welcome step toward tax fairness.