LGBT rights in Washington (state)
|LGBT rights in Washington|
|Same-sex sexual activity legal?||Legal since 1976
|Gender identity/expression||State does not require SRS to change gender on birth certificate|
|Discrimination protections||Sexual orientation and gender identity or expression (see below)|
|Same-sex marriage since 2012
Domestic partnership since 2007
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Washington live in one of the more socially liberal U.S. states, with wider protections for LGBT people. Same-sex sexual activity is legal in Washington, and the state recognizes same-sex marriages.
Legality of same-sex sexual activity
Washington repealed its laws that criminalized consensual sodomy in June 1975.
Recognition of same-sex relationships
Since 2001, Washington state has provided benefits to same-sex partners of state employees.
The state adopted a statute defining marriage as the union of a man and a woman in 1998. In the 2006 case Andersen v. King County, the Washington Supreme Court upheld the constitutionality of that law. Since 2007, Washington state has recognized its own state-registered domestic partnerships, which are considered equivalent to the domestic partnerships, civil unions, and marriages of same-sex couples in other jurisdictions. It has also recognized same-sex civil unions and domestic partnerships established in other jurisdictions since then.
Governor Chris Gregoire signed Washington's law authorizing same-sex marriages on February 13, 2012, but opponents gathered enough signatures to force a voter referendum on the legislation. Voters approved the law in the November election by a margin of 54% to 46%. Same-sex marriages have been recognized by the state since that law took effect on December 6. The law also provided that Washington's registered domestic partnerships convert automatically to marriages on June 30, 2014, if not dissolved before that date.
Adoption and parenting
Washington state law permits a legally competent adult to petition to adopt without respect to marital status. Same-sex couples can adopt jointly and can arrange second-parent adoptions as well.
Federal income tax
The Internal Revenue Service ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages. Couples with registered domestic partnerships in Washington, a community property state, must first combine their annual income and then each must claim half that amount as his or her income for federal tax purposes. However, filing such returns precludes electronic filing, and Washington has no state income tax independently justifying a complex filing. In certain circumstances, the IRS allows affected couples to disregard community property rules. Since April 2011, Washington has recognized same-sex marriages performed in other jurisdictions as equivalent to its domestic partnerships, with the result that community property rules now apply to these couples as well, when residing in Washington.
Washington state law prohibits discrimination based on sexual orientation and gender identity or expression. The protections were added in 2006 with Washington House Bill 2661. Discrimination based on sexual orientation in public employment was already prohibited since 1991 by an executive order of Governor Booth Gardner.
On March 7, 2014, Mark Zmuda filed a lawsuit in King County Superior Court against Eastside Catholic School and the Archdiocese of Seattle charging illegal termination of his employment as an assistant principal and swimming coach at the school in December 2013 after his same-sex marriage entered into the previous July became known to school officials. The Archdiocese was named as a defendant because it has no direct authority over the school but, according to the complaint, ordered his dismissal.
In February 2015, a court awarded Washington Attorney General Bob Ferguson a $1,000 fine against florist Barronelle Stutzman for refusing service to a same-sex couple for their wedding. In February 2017, the fine was unanimously upheld by the Washington Supreme Court, which held that the florist had no right under the U.S. Constitution’s Free Exercise Clause or Free Speech Cause to refuse services to the couple due to her religious beliefs.
Hate crime laws
Washington state law criminalizes "malicious harassment" and violence against individuals because of sexual orientation and gender identity or expression.
Gender identity and expression
In order for a transgender person in Washington to change their legal gender on their birth certificate, they must submit to the Washington State Department of Health: a copy of the current birth certificate, a certified copy of a name change court order, a completed Court Order Legal Name Change Request Form and a letter from the requestor stating the following information, as listed on the current birth certificate: name, date of birth, place of birth and names of parents. Furthermore, transgender persons may also change their gender on their driver's license and identification cards.
In February 2016, the Washington State Senate voted 25-24 to defeat a bill that would have repealed a new rule issued by the state's Human Rights Commission that allows transgender people to use public restrooms that correspond with their gender identity. One Democrat voted in favor of repealing the new rule, while 3 Republicans voted against repealing it. Following the bill's defeat, supporters began collecting signatures to have the issue on the ballot in November 2016. However, in July, it was revealed that not enough signatures had been collected.
On February 13, 2014, the state House of Representatives voted 94-4 in favor of a bill that would prohibit health care providers from trying to change the sexual orientation of minors. The state Senate, controlled by the Majority Coalition Caucus, took no action on the legislation.
Another bill was introduced in 2015. It passed the Senate in March. The House then approved a modified version of the bill in a 60-37 vote. However, in April, the Senate voted 27-22 to refuse to consider the modified bill.
On August 1, 2016, Seattle voted to ban conversion therapy on minors. The ban was sponsored by Commissioner Lorena González and was unanimously approved by all other eight city commissioners. Mayor Ed Murray signed the ordinance, Seattle Municipal Code 14.21, on August 3 and it took effect on October 2, 2016.
- William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201n, available online, accessed April 10, 2011
- National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
- "Washington Supreme Court rules in favor of Defense of Marriage Act". Catholic News Agency. July 26, 2006. Retrieved January 27, 2013.
- Washington's 2007 Domestic Partnership Law A Detailed Look
- Seattle Times: Molly Rosbach, "Washington domestic partnership law gets adjusted," April 5, 2011, accessed April 6, 2011
- Washington State Legislature: 2010-2011 Session Laws of the State of Washington, accessed February 18, 2012, pages 385-386 of an 1118-page PDF
- "Gay marriage in Washington state blocked by proposed referendum". June 6, 2012.
- "Gregoire signs gay marriage into law". February 13, 2012. Retrieved February 13, 2012.
- "Referendum Measure No. 74 Concerns marriage for same-sex couples". November 27, 2012. Retrieved December 7, 2012.
- Khouri, Andrew (December 5, 2012). "Same-sex couples can get marriage licenses in Washington state". Los Angeles Times. Retrieved December 6, 2012.
- Turnbull, Lornet (February 16, 2014). "State to same-sex domestic partners: You're about to be married". Seattle Times. Retrieved February 17, 2014.
- "Washington Adoption Law". Human Rights Campaign. Retrieved January 27, 2013.
- "Adoption in Washington State: A Lifelong Developmental Journey" (PDF). Washington State Department of Social & Health Services. Retrieved January 27, 2013.
- Schreiber, Tera. "Almost Hitched: Long-term Relationships and the Law in Washington State". Seattle Woman. Retrieved January 27, 2013.
- Same Sex Couples Overlake Reproductive Health
- New York Times: Tara Siegel Bernard, "Tax Season Gets Trickier for Some Gay Couples," March 29, 2011, accessed April 5, 2011
- USA Today: Sandra Block, "State and federal tax laws conflict for same-sex couples," February 13, 2012, accessed February 18, 2012
- WorldWideWeb Tax "How does living in a community property state effect my tax return?", accessed February 18, 2012
- Internal Revenue Service: Publication 555, Community Property, accessed February 17, 2012, pages 7-8
- Human Rights Campaign: Washington Non-Discrimination Law, accessed April 11, 2011
- Morris-Young, Dan (March 7, 2014). "Vice principal fired for same-sex marriage files lawsuit". National Catholic Reporter. Retrieved March 8, 2014.
- Connelly, Joel (March 6, 2014). "Ousted Eastside Catholic vice principal fired for his gay marriage will sue". Seattle PI. Retrieved March 8, 2014.
- Thompson, Lynn (16 February 2017). "Richland florist discriminated against gay couple by refusing service, state Supreme Court rules". The Seattle Times. Retrieved 18 February 2017.
- Human Rights Campaign: Washington Hate Crimes Law, accessed April 11, 2011
- "THE RIGHTS OF TRANSGENDER PEOPLE IN WASHINGTON STATE". ACLU of Washington Foundation. May 27, 2016. Retrieved 2017-03-24.
- Reynolds, Daniel (February 11, 2016). "Transphobic Bathroom Bill Dies in Washington State". Advocate. Here Media Inc. Retrieved 2017-03-24.
- Camden, Jim (July 7, 2016). "'Transgender bathroom' initiative won't make Washington ballot". News. The Spokesman-Review. Retrieved 2017-03-24.
- "Bill to prohibit conversion therapy on LGBT youth passes Washington House". LGBTQ Nation. February 14, 2014.
- HB 2451 - 2013-14 - Restricting the practice of sexual orientation change efforts., Washington State Legislature
- "'Pray the gay away' therapy ban stuck in state Senate". Seattle Times. February 27, 2014.
- Associated Press (April 10, 2015). "Washington state House approves ban on conversion therapy for LGBT youth". LGBTQ Nation. Retrieved 2017-03-24.
- Washington State GOP Blocks Bill to Ban Abusive “Gay Conversion” Therapy Including Electric Shocks and Ice Baths
- Seattle Bans Conversion Therapy for Minors
- Seattle bans gay conversion 'therapy'
- AN ORDINANCE related to human rights; and adding a new Chapter 14.21 to the Seattle Municipal Code to prohibit the practice of conversion therapy on minors.