Same-sex marriage in Washington state

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Just married couples leaving Seattle City Hall are greeted by well-wishers on the first day of same-sex marriage in Washington state. Leaving Seattle City Hall on first day of gay marriage in Washington 2.jpg
Just married couples leaving Seattle City Hall are greeted by well-wishers on the first day of same-sex marriage in Washington state.

Same-sex marriage has been legally recognized in Washington state since December 6, 2012.

Same-sex marriage is the marriage of two people of the same sex or gender, entered into in a civil or religious ceremony. There are records of same-sex marriage dating back to the first century though there is no legal provision in Roman Law, and it was banned in the Roman Empire in the fourth. In the modern era, same-sex marriage started being legalized at the beginning of the 21st century. Today, it is available in 28 countries.

Washington (state) state of the United States of America

Washington, officially the State of Washington, is a state in the Pacific Northwest region of the United States. Named for George Washington, the first U.S. president, the state was made out of the western part of the Washington Territory, which was ceded by Britain in 1846 in accordance with the Oregon Treaty in the settlement of the Oregon boundary dispute. The state, which is bordered on the west by the Pacific Ocean, Oregon to the south, Idaho to the east, and the Canadian province of British Columbia to the north, was admitted to the Union as the 42nd state in 1889. Olympia is the state capital; the state's largest city is Seattle. Washington is often referred to as Washington State to distinguish it from the nation's capital, Washington, D.C..

On February 13, 2012, Washington Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were celebrated on December 9. Within a couple of days, more than 600 same-sex marriage licenses were issued in King County alone.

Christine Gregoire 22nd Governor of Washington, United States

Christine "Chris" O'Grady Gregoire is an American politician and lawyer who served as the 22nd Governor of the state of Washington from 2005 to 2013. 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. She was the National Governors Association Chair for the 2010–11 term.

A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.

King County, Washington U.S. county in Washington

King County is a county located in the U.S. state of Washington. The population was 2,233,163 in the 2018 census estimate, making it the most populous county in Washington, and the 12th-most populous in the United States. The county seat is Seattle, also the state's most populous city.

Previously, in 1998, the state had enacted the Defense of Marriage Act that restricted marriage to different-sex couples, reinforcing its statutes that had been interpreted by a state court in 1974 as imposing the same restriction. Several lawsuits filed in state court challenged the state's marriage laws without success, including one filed in 1971, one of the first such cases in the United States.

United States Federal republic in North America

The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the most populous city is New York City. Most of the country is located contiguously in North America between Canada and Mexico.

Statutory ban

In 1997, the Washington Legislature, in response to events in Hawaii that suggested that the state might legalize same-sex marriage, [1] passed a bill that would define marriage as the union of a man and a woman and deny legal recognition to same-sex marriages established elsewhere. The vote was 63 to 35 in the House and 27 to 19 in the Senate. [2] Governor Gary Locke vetoed the legislation on February 21, calling it "divisive and unnecessary", citing the 1974 state court decision in Singer v. Hara . He wrote in his veto message: "Our overarching principle should be to promote civility, mutual respect and unity. This legislation fails to meet this test." [3] An attempt to override his veto failed in the state Senate on a party-line vote, [4] 26 to 20, when seven Democrats who had originally supported the measure changed their position to support the Governor. [2] Although Republicans threatened to put the issue to a popular referendum in November, some of their members thought the issue was not urgent enough to risk a contentious public campaign. [2]

Washington State Legislature state legislature of the U.S. state of Washington

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 plus the Lieutenant Governor acting as President. The state is divided into 49 legislative districts, each of which elect one senator and two representatives.

Same-sex marriage in Hawaii

Same-sex marriage in Hawaii has been legal since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights.

Washington House of Representatives lower house of the Washington State Legislature

The Washington House of Representatives is the lower house of the Washington State Legislature, and along with the Washington State Senate makes up the legislature of the US state of Washington. It is composed of 98 Representatives from 49 districts, each of which elects one Senator and two members of the House. All members of the House are elected to a two-year term without term limits. The House meets at the Legislative Building in Olympia.

In 1998, the Legislature passed the same legislation, the Defense of Marriage Act, and expected the Governor to allow it to become law without his signature. Instead, he vetoed it a second time, saying that "Our laws right now prohibit same-gender marriages, and I oppose this legislation because it is trying to make illegal something that is already illegal". Democrats who feared the impact of having the legislation on the November ballot helped override his veto. One Democratic leader in the House said: "I'll vote to override. I'll stand up and say it's a bad bill, but it's even worse to have this issue on the ballot." [4] According to the Seattle Times: "Lawmakers, eager to be done with the controversial issue, rushed the ban through in minutes and dumped it in the governor's lap. Locke's veto came within the hour. Then both houses voted summarily to override the veto. No one could remember the last time a bill was passed, vetoed and overridden within hours–with almost no discussion and no debate." [5]

Lawsuits

Singer v. Hara

In 1971, in Seattle, in one of the first same-sex marriage lawsuits in the U.S., gay activists John Singer (later known as Faygele ben Miriam) [6] and Paul Barwick requested a marriage license from the King County auditor, Lloyd Hara, to demonstrate the inequality between gay and heterosexual couples. [7] Hara refused, and Singer and Barwick brought suit on the grounds that the denial violated the Equal Rights Amendment of the State Constitution. The Washington Court of Appeals denied the claim in 1974 in Singer v. Hara. The Washington Supreme Court refused to review the decision. [8] [9]

Seattle City in Washington, United States

Seattle is a seaport city on the West Coast of the United States. It is the seat of King County, Washington. With an estimated 744,955 residents as of 2018, Seattle is the largest city in both the state of Washington and the Pacific Northwest region of North America. According to U.S. Census data released in 2018, the Seattle metropolitan area's population stands at 3.94 million, and ranks as the 15th largest in the United States. In July 2013, it was the fastest-growing major city in the United States and remained in the top 5 in May 2015 with an annual growth rate of 2.1%. In July 2016, Seattle was again the fastest-growing major U.S. city, with a 3.1% annual growth rate. Seattle is the northernmost large city in the United States.

Faygele Ben-Miriam was a U.S. activist, particularly for LGBT rights, and a gay marriage pioneer, filing one of the first gay marriage lawsuits in American history after being denied a marriage license at the King County Administration Building in Seattle, Washington in 1971.

Paul Barwick is an American former LGBT rights activist and same-sex marriage pioneer. In 1971, he filed one of the first lawsuits in the history of the United States regarding the right of gays and lesbians to marry, after he and fellow activist John Singer were denied a civil marriage license at the King County Administration Building in Seattle, Washington. The case, Singer v. Hara, was the best-known gay marriage case in the state of Washington until Andersen v. King County in 2006.

Andersen v. King County

Andersen v. Sims

On March 8, 2004, six same-sex couples represented by Lambda Legal filed suit in state court 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, 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 different-sex couples violated sections of the Constitution that required due process and equal protection of the laws. The court did not require the state to allow same-sex couples to marry, but mandated the creation of a civil union status that would provide all the rights and benefits of marriage to same-sex couples. Downing stayed enforcement of his order pending appeal to the Washington Supreme Court.

Castle v. State

On April 1, 2004, eleven same-sex couples represented by the American Civil Liberties Union filed suit in state court challenging Washington's laws that ban same-sex couples from marrying. It also sought recognition of marriages performed legally in other jurisdictions. On September 7, Thurston County Superior Court Judge Richard D. Hicks ruled in Castle v. State that the state's marriage laws violated the equal protection of privileges and immunities clause of the State Constitution.

Consolidated as Andersen v. King County

The Washington Supreme Court consolidated the two cases, Andersen v. Sims and Castle v. State, for review as Andersen v. King County . It heard oral arguments on March 8, 2005. On July 26, 2006, it reversed the trial courts' determinations in a 5-4 ruling. The majority opinion focused on the constitutionality of the Legislature's enactment of the state's Defense of Marriage Act limiting the privileges of marriage to opposite-sex couples. In October 2006, the court refused to reconsider its ruling. [10]

Initiative 957

On January 10, 2007, the Washington Defense of Marriage Alliance, an activist organization that, despite its name, favored marriage rights for same-sex couples, filed a voter initiative, Initiative 957, to incorporate part of the Andersen decision into state statutes 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 in which Andersen would be reversed. The initiative's sponsors withdrew it on July 3, after failing to gather a sufficient number of signatures to qualify for the November ballot.

Same-sex marriage law

Advocates of marriage rights for same-sex couples, lacking the votes in the Legislature to accomplish their objective, instead focused on enacting domestic partnerships that would grant such couples a subset of the rights that attach to marriage. A law to this effect was approved by the Legislature. This legal status was also made available under certain circumstances to different-sex couples. The legislation took effect on April 22, 2007. [11]

On January 26, 2012, legislation legalizing same-sex marriage and converting most domestic partnerships not dissolved within two years into marriages passed the Washington State Senate's Committee for Government Operations, Tribal Relations and Elections. Republican Dan Swecker introduced four amendments that failed on a party line vote of 3-4. Republican Don Benton asked for the legislation to be placed on the November 2012 ballot as a referendum and his motion failed by a 3-4 vote. The bill was reported out of the committee by a 4-3 vote. [12] It passed the Senate by a vote of 28-21 on February 1.

The House of Representatives took up the same measure and passed it out of the Judiciary Committee on January 30 by a 7-6 party-line vote. [13] The committee 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. [14] [15] The House passed the legislation on February 8 by a vote of 55-43. [16] [17] The legislation also provided that 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 would automatically become marriages. [18] [19]

Governor Gregoire signed the bill into law on February 13. [20] It was scheduled to take effect 90 days after the end of the legislative session.

Same-sex marriage referendum

Some of the first same-sex couples to be married in Washington proceed to welcoming crowds down the steps of Seattle City Hall, December 9, 2012.

Opponents of the legalization of same-sex marriage delayed its implementation by collecting the signatures necessary to put the measure to a popular vote on November 6, 2012, as Referendum 74. [21] In that referendum, voters approved the law by a 54%-46% margin. [22] [23] The law took effect on December 6. Because Washington requires a three-day waiting period (excluding the day of issue) before a marriage certificate may be signed, the first same-sex marriages in the state took place on December 9, 2012. [24] [25]

Following the coming into effect of the same-sex marriage law on December 6, 2012, the definition of marriage in the state of Washington is now as follows: [26]

Marriage is a civil contract between two persons who have each attained the age of eighteen years, and who are otherwise capable.

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. [27]

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. [28]

A February 2012 survey by Public Policy Polling found that 50% of Washington voters would vote to uphold a law which would legalize same-sex marriage, while 46% would vote to repeal it and 4% were not sure. In addition, 32% believed that same-sex couples should be allowed to enter civil unions but not marriage and 20% were opposed to all legal recognition of same-sex relationships. [29]

A June 2012 survey by Public Policy Polling found that 51% of Washington voters thought that same-sex marriage should be legal, while 42% thought it should be illegal and 7% were not sure. [30]

A November 2012 survey by Public Policy Polling found that 54% of Washington voters thought that same-sex marriage should be legal, while 40% thought it should be illegal and 5% were not sure. [31]

A May 2015 survey by Public Policy Polling found that 56% of Washington voters thought that same-sex marriage should be legal, while 36% thought it should be illegal and 8% were not sure. [32]

A 2016 Public Religion Research Institute (PRRI) poll found that 64% of Washington residents supported same-sex marriage, while 26% were opposed and 10% were unsure or undecided. [33] In 2017, the PRRI found that 73% of Washingtonians supported same-sex marriage, while 21% were opposed and 6% were unsure. [34]

Economic impact

In 2006, a UCLA study estimated the impact of allowing same-sex couples to marry would have on Washington's state budget. The study concluded that allowing same-sex couples to marry would result in a net gain of approximately $3.9 million to $5.7 million each year for the state. This net impact would result from savings in state expenditures on means-tested public benefits programs and from an increase in sales tax revenue from weddings and wedding-related tourism. [35]

Marriage statistics

In the first nine months of same-sex marriage legalisation in Washington state, 7,071 same-sex couples legally entered into a marriage, 3,452 of them in highly populated King County. [36] Of all marriages conducted in the state, 17% were same-sex marriages, and 62% of those were between women. [37]

By December 31, 2015, approximately 15,750 same-sex marriages had been performed in Washington state, a significant proportion of which occurred in the first 12 months of legalisation. [38]

See also

Related Research Articles

<i>Andersen v. King County</i>

Andersen v. King County, 138 P.3d 963, formerly Andersen v. Sims, is a Washington Supreme Court case in which eight lesbian and gay couples sued King County and the state of Washington for denying them marriage licenses under the state's 1998 Defense of Marriage Act (DOMA), which defined marriage as between a man and a woman. The court ruled that banning same-sex marriage is constitutional since the legislature could reasonably believe it furthers the government interest in promoting procreation.

This is a list of notable events in the history of LGBT rights that took place in the year 2005.

Same-sex marriage has been legally recognized in the U.S. state of New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes.

This page contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

LGBT rights in Puerto Rico

Lesbian, gay, bisexual, transgender (LGBT) persons in Puerto Rico, which is an unincorporated territory of the United States, have almost the same protections and rights as heterosexual individuals. Public discussion and debate about sexual orientation and gender identity issues has increased, and some legal changes have been made. Supporters and opponents of legislation protecting the rights of LGBT persons can be found in both of the major political parties. Public opposition still exists due, in large part, to the strong influence of the Roman Catholic Church, as well as socially conservative Protestants. Puerto Rico's status as a United States commonwealth has a great influence on the legal rights of LGBT citizens. Same-sex marriage has been legal in the commonwealth since July 2015, after the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that same-sex marriage bans are unconstitutional.

Same-sex marriage has been legally recognized in the U.S. state of Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately.

State Registered Domestic Partnerships (SRDP) in Washington were created in 2007 following the Andersen v. King County decision. Subsequent legislation has made an SRDP the equivalent of marriage under state law. As a result of the legalization of same-sex marriage in the state, from June 30, 2014, SRDP will be available only when at least one of the partners is sixty-two years of age or older.

This is a list of notable events in the history of LGBT rights that took place in the year 2009.

LGBT rights in Nevada

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nevada enjoy the same liberties experienced by non-LGBT Nevadans. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples are also allowed to legally adopt, and Nevada law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state, as well as the gay panic defense.

Same-sex marriage has been legally recognized in the U.S. state of Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its ban on same-sex marriage, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002.

Same-sex marriage has been legally recognized in the U.S. state of Maine since December 29, 2012. A bill for the legalization of such marriages was approved by voters, 53-47 percent, on November 6, 2012, as Maine, Maryland and Washington became the first U.S. states to legalize same-sex marriage by popular vote. Election results were certified by the Maine Secretary of State's office and the Governor of Maine on November 29.

Same-sex marriage has been legally recognized in the U.S. state of North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. The state's Governor and Attorney General had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage.

2009 Washington Referendum 71

The 2009 Washington Referendum 71 (R-71) legalized domestic partnership in Washington state, the first statewide referendum in the United States that extended to LGBT people the rights and responsibility of domestic partnership. The bill had passed State Legislature, and it was signed into law by the Governor in May 2009, but opponents gathered enough signatures to put the measure before the voters, who returned ballots by mail over three weeks ending on November 3, 2009, approving the measure 53% to 47%. The new law went into effect 30 days later, on December 3, 2009.

LGBT rights in Maryland

The expansion of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Maryland is a recent phenomenon, with most advances in LGBT rights occurring within the past two decades. Maryland has had statewide protections against discrimination based on an individual's sexual orientation since 2001 and gender identity since 2014. Legislation to legalize same-sex marriage in Maryland was approved by voters on November 6, 2012 and went into effect on January 1, 2013. Today, the state of Maryland is regarded as one of the most pro-LGBT states in the country, with two-thirds of Marylanders supporting same-sex marriage. In May 2018, a ban on conversion therapy on minors was signed into law by the Governor, and it became effective on October 1, 2018.

LGBT rights in Washington (state)

Lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Washington have evolved significantly since the late 20th century. LGBT people are fully protected from discrimination; Washington enacted LGBT protections in 2006. Same-sex marriage has been legal since 2012, and same-sex couples are allowed to adopt. Conversion therapy on minors has also been illegal since 2018.

LGBT rights in Maine

Lesbian, gay, bisexual, transgender, and queer (LGBTQ+) rights in the U.S. state of Maine are a recent occurrence, with most advances and enhances in LGBT rights in the state taking place since the early 2000s. LGBTQ+ people in Maine have some of the same rights and responsibilities as heterosexuals, however may face some legal issues not experienced by non-LGBTQ+ residents.

2009 Maine Question 1

Maine Question 1 was a voter referendum conducted in Maine in 2009 that rejected a bill legalizing same-sex marriage in the state. The measure passed 53%–47% on November 3, 2009.

Washington Referendum 74

Referendum 74 was a Washington state referendum to approve or reject the February 2012 bill that would legalize same-sex marriage in the state. On June 12, 2012, state officials announced that enough signatures in favor of the referendum had been submitted and scheduled the referendum to appear on the ballot in the November 6 general election. The law was upheld by voters in the November 6, 2012 election by a final margin of 7.4% and the result was certified on December 5.

Same-sex marriage has been legally recognized in the U.S. state of Virginia since October 6, 2014, following a decision by the Supreme Court of the United States to refuse to hear an appeal of the Fourth Circuit Court of Appeals in the case Bostic v. Schaefer. Marriages of same-sex couples subsequently began at 1:00 p.m. on October 6 after the Circuit Court issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state marriages of same-sex couples.

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