What is the test for invalidating the entire statute of Section 7.48.050(2) of the Washington State Code of Civil Procedure when some portions of the statute are found to be unconstitutional?

Appellants contend that the entire statute should not be invalidated merely because some portions are found to be unconstitutional. This argument is unpersuasive. The injunction and closing order provisions represent a vital part of the statutory scheme. To eliminate these enforcement provisions would essentially eviscerate the statute and "would create a program quite different from the one the (people) actually adopted." Sloan v. Lemon, 413 U.S. 825, 834, 93 S.Ct. 2982, 2987, 37 L.Ed.2d 939 (1973). This we decline to do. That the statute contains a severability clause, Wash.Rev.Code 7.48.900, does not authorize us to indulge in major revisions to salvage the statute. Id. at 833-34, 93 S.Ct. at 2987. We are certain that the legislature of the State of Washington can do this better than we.

Affirmed.

* Honorable Marion J. Callister, United States District Judge for the District of Idaho, sitting by designation.

1 The statutory definition of "lewd matter" expressly incorporates the standards approved in Miller v. California, 413 U.S. 15, 24, 93 S.Ct. 2607, 2614, 37 L.Ed.2d 419 (1973). Wash.Rev.Code 7.48.050(2).