Same-sex marriage in Washington
Encyclopedia
Same-sex marriage
is not recognized as marriage in Washington state. The Washington Supreme Court
would have made Washington the second U.S. state to recognize these unions if it had decided differently in two cases that had been consolidated for appeal. Oral arguments were heard on March 8, 2005, and in July, one of the justices indicated a ruling would very likely happen before the September primary election in the State. Several justices were facing reelection, and some had speculated the Court may have held off on its controversial ruling until after the elections. The 5-4 split decision overturning the trial court rulings was handed down on July 26, 2006. The decision held 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 (House Bill 1130 http://search.leg.wa.gov/advanced/3.0/ViewHtml.asp?Item=6&Action=Html&X=1013123422, aka the Defense of Marriage Act of 1998 ) was upheld, the court noted that its ruling does not prevent the legislature from changing state law to allow same-sex marriage, and three majority justices in the case invited the legislature to take another look at the ban's effect on same-sex couples.
In 2007, the Washington State Legislature
passed S5336, creating domestic partnership in Washington
. It was approved 28–19 by the state senate
and 63–35 by the house. Governor Christine Gregoire
signed the bill into law and it took effect on 2007-07-22.
According to NPR, "Since July 2007, [Washington] state has offered limited rights to registered domestic partners and expanded them further in 2008. Domestic partnership legislation was expanded even further on 2009-05-18 when Governor Chris Gregoire signed SB 5688 (the "everything-but-marriage" bill) into law http://www.governor.wa.gov/news/news-view.asp?pressRelease=1236&newsType=1 http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5688&year=2009. This law survived an electoral challenge in the form of Referendum 71 (2009) on the November 2009 ballot. The law was approved 53% to 47%. In April 2011, Governor Christine Gregoire signed a law allowing legal out-of-state same-sex marriages to carry the same legal force as domestic partnerships in Washington. 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.
.
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.
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.
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
is not recognized as marriage in Washington state. The Washington Supreme Court
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
would have made Washington the second U.S. state to recognize these unions if it had decided differently in two cases that had been consolidated for appeal. Oral arguments were heard on March 8, 2005, and in July, one of the justices indicated a ruling would very likely happen before the September primary election in the State. Several justices were facing reelection, and some had speculated the Court may have held off on its controversial ruling until after the elections. The 5-4 split decision overturning the trial court rulings was handed down on July 26, 2006. The decision held 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 (House Bill 1130 http://search.leg.wa.gov/advanced/3.0/ViewHtml.asp?Item=6&Action=Html&X=1013123422, aka the Defense of Marriage Act of 1998 ) was upheld, the court noted that its ruling does not prevent the legislature from changing state law to allow same-sex marriage, and three majority justices in the case invited the legislature to take another look at the ban's effect on same-sex couples.
In 2007, the Washington State Legislature
Washington State Legislature
The Washington State Legislature is the state legislature of the U.S. state of Washington. It is a bipartisan, bicameral body, composed of the lower Washington House of Representatives, composed of 98 Representatives, and the upper Washington State Senate, with 49 Senators.The State Legislature...
passed S5336, creating domestic partnership in Washington
Domestic partnership in Washington
State Registered Domestic Partnerships in Washington were created in the aftermath of the Andersen v. King County decision. Subsequent legislation has made a SRDP the equivalent of marriage under state law.-Beginnings:...
. It was approved 28–19 by the state senate
Washington State Senate
The Washington State Senate is the upper house of the Washington State Legislature. The body consists of 49 senators, each representing a district with a population of nearly 120,000. The State Senate meets at the Legislative Building in Olympia....
and 63–35 by the house. Governor Christine Gregoire
Christine Gregoire
Christine O'Grady "Chris" Gregoire is the 22nd and current Governor of the state of Washington, and a member of the Democratic Party. Gregoire defeated Republican candidate Dino Rossi in 2004, and again in 2008. She is the second female governor of Washington...
signed the bill into law and it took effect on 2007-07-22.
According to NPR, "Since July 2007, [Washington] state has offered limited rights to registered domestic partners and expanded them further in 2008. Domestic partnership legislation was expanded even further on 2009-05-18 when Governor Chris Gregoire signed SB 5688 (the "everything-but-marriage" bill) into law http://www.governor.wa.gov/news/news-view.asp?pressRelease=1236&newsType=1 http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5688&year=2009. This law survived an electoral challenge in the form of Referendum 71 (2009) on the November 2009 ballot. The law was approved 53% to 47%. In April 2011, Governor Christine Gregoire signed a law allowing legal out-of-state same-sex marriages to carry the same legal force as domestic partnerships in Washington. 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.
Economic Impact of Extending Marriage to Same Sex Couples
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. 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.Andersen case
- March 8, 2004: Six same-sex couples, backed by Lambda LegalLambda LegalLambda Legal is an American civil rights organization that focuses on lesbian, gay, bisexual, transgender communities as well as people living with HIV/AIDS through impact litigation, education, and public policy work.Lambda's founder William J. Thom, Esq...
, file suit challenging the constitutionality of Washington's Defense of Marriage Act. The four constitutional claims are based on due process, privacy, equal protection, and gender equality.
- August 4, 2004: King CountyKing County, WashingtonKing County is a county located in the U.S. state of Washington. The population in the 2010 census was 1,931,249. King is the most populous county in Washington, and the 14th most populous in the United States....
Superior Court Judge William L. DowningWilliam L. DowningWilliam L. Downing is a judge of the Superior Court of Washington for King County and a former deputy prosecutor. He is famous for his ruling that same-sex marriages are legal in Washington, as well as for the prosecutions of the Wah Mee massacre killers.-External...
issues an opinion in Andersen v. Sims that said the state has 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 at least mandated the creation of a "civil union" status that gave all marriage rights and benefits. These requirements did not go into effect, however, because the opinion was stayed pending appeal to the Washington Supreme Court.
Castle case
- April 1, 2004: Eleven same-sex couples, backed by the American Civil Liberties UnionAmerican Civil Liberties UnionThe American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, file suit challenging Washington's laws that bar same-sex couples from marrying. It also seeks recognition of marriages performed legally in other jurisdictions.
- September 7, 2004: Thurston County Superior Court Judge Richard D. Hicks issues 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 the Andersen case 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. The consolidated case was named Andersen v. King CountyAndersen v. King County
Andersen v. King County, 138 P.3d 963 — formerly Andersen v. Sims — is a case filed by eight Washingtonian lesbian and gay couples, who sued King County and the state of Washington for denying them marriage licenses under the state’s 1998 Defense of Marriage Act, which defined marriage as between...
.
- March 8, 2005: Oral arguments are heard by the Washington Supreme Court.
- July 26, 2006: The Washington Supreme Court handed down its ruling (5-4 in favor of overturning the lower trial court rulings). The majority opinion focused on the constitutionality of the legislature's actions, which enacted the Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
limiting the privileges of marriage to opposite-sex couples.
- August 29, 2006: Lawyers for the same-sex couples filed their 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.
Initiative 957
On January 10, 2007, a group calling itself 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 marriage in Washington State. The stated rationale was to prompt public examination on 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.Public opinion
A May 2011 Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
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.
An October 2011 University of Washington
University of Washington
University of Washington is a public research university, founded in 1861 in Seattle, Washington, United States. The UW is the largest university in the Northwest and the oldest public university on the West Coast. The university has three campuses, with its largest campus in the University...
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.
See also
- LGBT rights in WashingtonLGBT rights in WashingtonLesbian, gay, bisexual, and transgender persons in the U.S. state of Washington face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Washington...
- Domestic partnership in WashingtonDomestic partnership in WashingtonState Registered Domestic Partnerships in Washington were created in the aftermath of the Andersen v. King County decision. Subsequent legislation has made a SRDP the equivalent of marriage under state law.-Beginnings:...
- History of the LGBT community in SeattleHistory of the LGBT community in SeattleHistory of the LGBT community in Seattle It was the 1960s when there was an increasing number of gay and lesbians drawn to the city. Which was seen as providing an acceptable environment...
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.
- WA-DOMA.org - the website of the Washington Defense of Marriage Alliance.