Leroy S. Williams v. The State of Washington

Appellants appeal from a district court decision dismissing their claims for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), and alternately for failure to state a claim under which relief can be granted, Fed.R.Civ.P. 12(b)(6).

Appellants are active and retired members of the Uniform Military Services. Each has been divorced in the State of Washington and is subject to a final divorce decree that grants part of his military retirement pay to his ex-spouse. Appellants brought an action in district court seeking: (1) a declaratory judgment defining the legal character of military retirement pay (i.e., declaring that the Washington decrees are invalid); (2) a declaratory judgment that Washington courts are applying the state law on which the decrees are based in an unconstitutional manner; and (3) an injunction directing the federal defendants not to disburse military retirement pay in accordance with the invalid Washington divorce decrees. Appellants sought no monetary damages.

Relying on three Ninth Circuit cases, the district court dismissed these claims for want of subject matter jurisdiction. The court also dismissed the claims for failure to state a claim upon…