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WATER POWER v. HUMAN RIGHTS

No. 45357.

91 Wn.2d 62 (1978)

586 P.2d 1149

WASHINGTON WATER POWER COMPANY, Respondent, v. WASHINGTON STATE HUMAN RIGHTS COMMISSION, Appellant.

The Supreme Court of Washington, En Banc.

November 16, 1978.

Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and G. Saxon Rodgers, Assistant, for appellant.

Paine, Lowe, Coffin, Herman & O'Kelly, by Gary A. Dahlke, for respondent.

M. Margaret McKeown and Diana F. Thompson on behalf of Washington Women Lawyers, amicae curiae.

ROSELLINI, J.

In this action, brought under RCW 34.04.070, the respondent obtained a declaratory judgment that a rule promulgated by the Washington State Human Rights Commission was in excess of its statutory authority. The statute under which the rule was made (RCW 49.60) defines unfair practices in employment and includes among such practices discrimination based on "marital status" (RCW 49.60.180).

The commission...

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