Same-sex marriage in Washington
The U.S. state of Washington is scheduled to begin granting same-sex marriages on June 7, 2012, unless the issue is forced to a November 2012 voter referendum.
The Washington Supreme Court, in a 5-4 decision, ruled on July 26, 2006, that the state legislature is permitted under Washington's constitution to limit marriage to opposite-sex couples. While the state's ban on same-sex marriage, the Defense of Marriage Act of 1998, was upheld, the court noted that its ruling did not prevent the legislature from changing state law to allow same-sex marriage, and three justices in the majority invited the legislature to review the ban's effect on same-sex couples.
In 2007, the Legislature created limited domestic partnerships. In 2008, Washington expanded domestic partnerships to "everything-but-marriage".[1][2] This law survived an electoral challenge in the form of Referendum 71 (2009) on the November 2009 ballot.[3]
In April 2011, Gregoire signed a law treating out-of-state same-sex marriages as domestic partnerships in Washington.[4] Prior to this, Washington state honored lawful out-of-state domestic partnerships and civil unions, but out-of-state same-sex marriages were not recognized in any way.
A bill to legalize same-sex marriage passed the Legislature and was signed by Governor Christine Gregoire on February 13, 2012. Same sex marriages can be performed starting on June 7, 2012, but that may be delayed if opponents gather enough signatures to force a voter referendum on the legislation. If the signatures are gathered, the legislation will only come into force following a November ballot, if it is upheld by the vote.[5]
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Suits
Andersen v. Sims
On March 8, 2004, six same-sex couples, backed by Lambda Legal, filed suit challenging the constitutionality of Washington's Defense of Marriage Act. The four constitutional claims were based on due process, privacy, equal protection, and gender equality. On August 4, 2004, King County Superior Court Judge William L. Downing issued an opinion in Andersen v. Sims that said the state had no rational basis for excluding same-sex couples from the rights and benefits of marriage. The decision concluded that the state law limiting marriage to opposite-sex couples violated sections of the constitution that required due process and equal protection of the laws. Full marriage was not required, but the opinion mandated the creation of a "civil union" status that gave all marriage rights and benefits to same-sex couples. His order was stayed pending appeal to the Washington Supreme Court.
Castle v. State
On April 1, 2004, eleven same-sex couples, backed by the American Civil Liberties Union, filed suit challenging Washington's laws that bar same-sex couples from marrying. It also seeks recognition of marriages performed legally in other jurisdictions. On September 7, 2004, Thurston County Superior Court Judge Richard D. Hicks issued an opinion in Castle v. State that said the state marriage laws violated the equal protection of privileges and immunities clause of the state constitution. The ruling was combined with Andersen on an appeal to the Washington Supreme Court.
Andersen v. King County
The two cases, Andersen v. Sims and Castle v. State, were consolidated for supreme court review as Andersen v. King County. The Washington Supreme Court heard oral arguments on March 8, 2005. On July 26, 2006, the Washington Supreme Court handed down a 5-4 ruling in favor of overturning the lower trial court. The majority opinion focused on the constitutionality of the legislature's actions, which enacted the Defense of Marriage Act limiting the privileges of marriage to opposite-sex couples. On August 29, 2006, lawyers for the same-sex couples filed a motion under Supreme Court rules that allow either side in a lawsuit to seek reconsideration of a decision. The Court could reject the motion, ask the state for a written response, reverse their decision, or agree to re-hear oral arguments. There is no timetable and requests are rarely accepted.[6]
Initiative 957
On January 10, 2007, the Washington Defense of Marriage Alliance filed Washington Initiative 957 (2007) to put one part of the Andersen decision into law by making procreation a requirement for all marriages in Washington State. The group's stated rationale was to prompt public examination of the premise that marriage exists for the purpose of procreation and to create a test case whereby Andersen could be struck down as unconstitutional. The initiative was withdrawn by its sponsors on July 3, 2007, after receiving too few signatures to qualify for the November 2007 ballot.
2012 same-sex marriage bill
SB 6239, legalizing same-sex marriage and converting most domestic partnerships not dissolved within two years into marriages, was referred to the committee for Government Operations, Tribal Relations and Elections, where it passed on January 26, 2012. Four amendments were introduced by Republican Dan Swecker, and all failed on a party line vote of 3-4. Republican Don Benton asked for a referendum for the November 2012 ballot and the motion failed by a 3-4 vote. On January 26, 2012, the bill was reported out of the committee by a 4-3 vote and was sent to the Senate floor for a full vote.[7] On February 1, 2012, SB 6239, passed the Senate by a vote of 28-21.
The House of Representatives took up the same measure as HB 2516. It was passed out of the Judiciary Committee on January 30 by a 7-6, strict party-line vote.[8] They again voted on the Senate-approved version of the bill on February 6, passing it by a 7-5 vote, with one Republican committee member absent.[9] The bill was sent to the floor of the House, where it was passed on February 8 by a vote of 55-43.[10]
Governor Christine Gregoire signed the bill into law on February 13.[11] The law takes effect in June 2012 (90 days after the end of the legislative session) unless opponents collect the necessary signatures to take the measure to a state-wide voter referendum, as they intend to do.[12][13] The law would then not go into effect unless approved by voters on November 6, 2012 ballot (Referendum 74). All domestic partnerships not involving at least one member aged 62 years or older and not dissolved within two years of the date the law goes into effect, will automatically become marriages.
Public opinion
A May 2011 Public Policy Polling survey found that 46% of Washington voters thought that same-sex marriage should be legal, while 44% thought it should be illegal and 10% were not sure.[14]
An October 2011 University of Washington poll found that 55% of Washington voters would vote to uphold a legislatively approved same-sex marriage bill if it were put to a referendum, while 38% would oppose it and 7% were undecided. A separate question on the same survey found that 43% of respondents thought that gay and lesbian couples should have the same right to marry as straight couples, 22% thought that gay and lesbian couples should have the same rights as straight couples without the word "marriage," 15% thought that gay and lesbian couples should have domestic partnerships with only some of the rights of marriage, 17% opposed all legal recognition, and 3% didn't know.[15]
A February 2012 Public Policy Polling survey found that 50% of Washington voters would vote to uphold a law which would legalize same-sex marriage, while 46% would threaten to repeal it and 4% were not sure. On the same survey voters 49% thought that same-sex marriage should be legal, while 44% thought it should be illegal and 7% were not sure. When it comes to the options of marriage, civil unions, and no legal recognition, 46% feel that Gay couples should be allowed to legally marry, 32% believe that gay couples should be allowed a civil union and just 20% are opposed to all legal recognition of gay relationships, 2% were not sure. [16]
Economic impact
A UCLA study estimates the impact of allowing same-sex couples to marry on Washington’s state budget. The study concluded that allowing same-sex couples to marry will result in a net gain of approximately $3.9 million to $5.7 million each year for the State.[17] This net impact will result from savings in expenditures on state means-tested public benefits programs and from an increase in sales tax revenue from weddings and wedding-related tourism.
See also
- LGBT rights in Washington
- Domestic partnership in Washington
- History of the LGBT community in Seattle
- Equal Rights Washington
- Washington Families Standing Together
- Washington United for Marriage
References
- ^ "Gov. Gregoire signs legislation to expand rights to domestic partners". Governor.wa.gov. May 18, 2009. http://www.governor.wa.gov/news/news-view.asp?pressRelease=1236&newsType=1. Retrieved January 20, 2012.
- ^ "SB 5688 - 2009-10". Apps.leg.wa.gov. http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5688&year=2009. Retrieved January 20, 2012.
- ^ "Gay partnership foes drop ballot wording challenge". Seattle Times Newspaper. June 1, 2009. http://seattletimes.nwsource.com/html/localnews/2009171882_apwadomesticpartnerships1stldwritethru.html. Retrieved January 20, 2012.
- ^ Rosbach, Molly. "Washington domestic partnership law gets adjusted". Seattle Times Newspaper. http://seattletimes.nwsource.com/html/localnews/2014693141_apwaxgrdomesticpartnerships1stldwritethru.html. Retrieved January 20, 2012.
- ^ "Gregoire signs gay marriage into law". February 13, 2012. http://seattletimes.nwsource.com/html/localnews/2017497028_gaymarriage14m.html.
- ^ Turnbull, Lornet (August 30, 2006). "Second Look at Gay Marriage?". The Seattle Times. http://seattletimes.nwsource.com/html/localnews/2003234852_reconsider30m.html.
- ^ http://www.tvw.org/capitolrecord/index.php/2012/01/same-sex-marriage-bill-passes-in-senate-committee/ Washington Senate passes 4-3 in Committee
- ^ "Wash. House committee approves gay marriage bill". Seattle Post Intelligencer. January 30, 2012.
- ^ Justin Runquist (February 6, 2012). "Washington Legislature: Gay marriage bill moves through House Judiciary Committee". OregonLive.com.
- ^ "Washington state legislature votes to approve same-sex marriage". CNN. February 8, 2012. http://www.cnn.com/2012/02/08/us/washington-same-sex-marriage/index.html.
- ^ "Gregoire signs gay marriage into law". February 13, 2012. http://seattletimes.nwsource.com/html/localnews/2017497028_gaymarriage14m.html. Retrieved February 13, 2012.
- ^ "Washington state House approves same-sex marriage". Seattle Post Intelligencer. February 8, 2012. http://blog.seattlepi.com/seattlepolitics/2012/02/08/house-approves-same-sex-marriage/. Retrieved February 9, 2012.
- ^ "Washington State Senate approves same-sex marriage". MSNBC. February 1, 2012. http://usnews.msnbc.msn.com/_news/2012/02/01/10294578-washington-state-senate-approves-same-sex-marriage-bill.
- ^ "WA voters done with Rossi, not open to Kucinich bid" (PDF). http://www.publicpolicypolling.com/pdf/PPP_Release_WA_0523.pdf. Retrieved January 20, 2012.
- ^ "2011 Washington Poll" (PDF). http://www.washingtonpoll.org/results/103111.pdf. Retrieved January 20, 2012.
- ^ http://www.publicpolicypolling.com/pdf/2011/PPP_Release_WA_222.pdf Voters Support Gay Marriage
- ^ "eScholarship: The Impact of Washington's Budget of Allowing Same-Sex Couples to Marry". Repositories.cdlib.org. June 1, 2006. http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1042&context=uclalaw/williams. Retrieved January 20, 2012.
Texts
- Washington Revised Code - Title 26. Domestic relations - Chapter 04. Marriage
26.04.010. Marriage contract—Void marriages.
(1) Marriage is a civil contract between a male and a female who have each attained the age of eighteen years, and who are otherwise capable. 26.04.020. Prohibited marriages.
(1) Marriages in the following cases are prohibited: ...(c) When the parties are persons other than a male and a female.
(3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection ... (1)(c) ... of this section.
External links
- Andersen v. Sims - August 2004 decision from the Superior Court in Washington State legalizing same-sex marriage. The decision awaited confirmation by the Washington Supreme Court before licences would have been issued, but was overturned.
- Andersen v. King County - the July 2006 decision from the Washington Supreme Court that overturned the lower trial court rulings.
- Links to PDF articles on all 6 Washington Supreme Court opinions issued over Andersen v. King County.
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