Domestic partnership in Washington
Encyclopedia
State Registered Domestic Partnerships (SRDP) 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.
noted the Legislature
was free to revisit any law it had previously enacted. Lacking sufficient votes to change the marriage laws, the Legislature worked to pass a domestic partnership law. After much debate, lawmakers approved a bill on April 10, 2007. conferring eleven of the rights of marriage to same-sex couples and straight couples (when at least one of the individuals is over the age of 62). Governor Christine Gregoire
signed the bill April 21, 2007, and the law took effect on July 22, 2007.
The first partnerships were registered July 23, 2007, the first business day after the law’s effective date. More than 100 couples registered on the first day — some showing up as early as 4 a.m.
incremental approach with its domestic partnership laws, the Washington Legislature has expanded the scope of partnerships. On March 4, 2008, lawmakers approved adding over 170 rights and responsibilities to domestic partnerships. The bill was signed by Governor Gregoire on March 12, 2008. Washington domestic partners do not need to re-register to take advantage of the new benefits. Because of the significant changes in 2008, the Secretary of State’s office mailed a letter to the last known address of each SRDP informing them of the changes. The new law became effective on June 12, 2008.
Lawmakers backing the domestic partnership legislation have been open in stating that their ultimate intent is to expand marriage laws to include same-sex couples and that they see the creation and expansion of domestic partnerships as steps toward that goal. To that end, civil marriage
equality bills have been introduced to encourage discussion.
“Although we view this as an improvement that provides real and concrete protections to same-sex partners, it’s an inadequate substitute for marriage,” said Representative Jamie Pedersen
, the House sponsor of the bill.
The legislation cleared the Senate on March 10, 2009 and the House on April 15, 2009. Governor Gregoire signed it into law on May 18, 2009.
Groups such as Equal Rights Washington
and Washington Families Standing Together
urged voters to uphold the law providing for domestic partnerships, while Protect Marriage Washington was the main group in opposition.
Washington’s voters approved the law 53.15% to 46.85%
— this marked the first time in the United States that voters had approved a state-wide ballot measure that extended LGBT relationship rights. The law went into effect the day the election was certified, December 3, 2009.
Corporations Division in Olympia
. Couples can register in person or by mail. Couples wishing to enter into a SRDP are required to fill out an application, have it notarized
, and pay the filing fee. Once the application is received, the Secretary of State’s office will issue a certificate and a wallet card for each individual.
Registrations are public records — information can be searched on the Secretary of State’s domestic partnership page.
Because a SRDP may be less familiar than marriage to some, the wallet cards or online verification can be used to prove a partner’s relationship, especially during an emergency.
Andersen 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...
decision. Subsequent legislation has made a SRDP the equivalent of marriage under state law.
Beginnings
In its Anderson v. King County decision, the Washington Supreme CourtWashington 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...
noted the 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...
was free to revisit any law it had previously enacted. Lacking sufficient votes to change the marriage laws, the Legislature worked to pass a domestic partnership law. After much debate, lawmakers approved a bill on April 10, 2007. conferring eleven of the rights of marriage to same-sex couples and straight couples (when at least one of the individuals is over the age of 62). 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 April 21, 2007, and the law took effect on July 22, 2007.
The first partnerships were registered July 23, 2007, the first business day after the law’s effective date. More than 100 couples registered on the first day — some showing up as early as 4 a.m.
Expansion
Similar to California’sCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
incremental approach with its domestic partnership laws, the Washington Legislature has expanded the scope of partnerships. On March 4, 2008, lawmakers approved adding over 170 rights and responsibilities to domestic partnerships. The bill was signed by Governor Gregoire on March 12, 2008. Washington domestic partners do not need to re-register to take advantage of the new benefits. Because of the significant changes in 2008, the Secretary of State’s office mailed a letter to the last known address of each SRDP informing them of the changes. The new law became effective on June 12, 2008.
Lawmakers backing the domestic partnership legislation have been open in stating that their ultimate intent is to expand marriage laws to include same-sex couples and that they see the creation and expansion of domestic partnerships as steps toward that goal. To that end, civil marriage
Civil marriage
Civil marriage is marriage performed by a government official and not a religious organization.-History:Every country maintaining a population registry of its residents keeps track of marital status, and most countries believe that it is their responsibility to register married couples. Most...
equality bills have been introduced to encourage discussion.
“Everything but marriage”
Again like California, lawmakers continued to extend the rights and responsibilities of domestic partners. Legislation introduced on January 28, 2009 intended to provide “everything but marriage” to domestic partners. Senate Bill 5688 would amend many state laws and place domestic partnership on an equal footing with civil marriage. Despite the attempts to provide equal benefits to domestic partners, the law does not change Washington’s restriction against same-sex marriages.“Although we view this as an improvement that provides real and concrete protections to same-sex partners, it’s an inadequate substitute for marriage,” said Representative Jamie Pedersen
Jamie Pedersen
Jamie Pedersen is an American lawyer and politician from the state of Washington who has served as a member of the Washington House of Representatives since January 2007. During the 2009–10 biennium, he chairs the House Judiciary Committee.A Democrat, he was elected to the House from the reliably...
, the House sponsor of the bill.
The legislation cleared the Senate on March 10, 2009 and the House on April 15, 2009. Governor Gregoire signed it into law on May 18, 2009.
Referendum 71
The legislation was meant to come into force on July 26, 2009, but Referendum 71 was filed seeking to overturn the expansion. At the last possible moment, opponents submitted enough signatures to postpone the law and force a popular vote on the new law.Groups such as Equal Rights Washington
Equal Rights Washington
Equal Rights Washington is Washington’s largest state-wide LGBT advocacy and community outreach organization. ERW's mission is to ensure and promote dignity, safety, and equality for all lesbian, gay, bisexual, and transgender Washingtonians....
and Washington Families Standing Together
Washington Families Standing Together
Washington Families Standing Together was founded in 2009 to preserve domestic partnerships in Washington State by urging voters to approve Referendum 71....
urged voters to uphold the law providing for domestic partnerships, while Protect Marriage Washington was the main group in opposition.
Washington’s voters approved the law 53.15% to 46.85%
— this marked the first time in the United States that voters had approved a state-wide ballot measure that extended LGBT relationship rights. The law went into effect the day the election was certified, December 3, 2009.
Original laws
After 2008’s expanded domestic partnership law took effect, some of the domestic partner’s benefits and responsibilities include:- Visitation, health care decision-making, and information-access rights
- InheritanceInheritanceInheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
and administrationAdministration of an estate on deathIn English law, Administration of an estate on death arises if the deceased is legally intestate. In United States law, the term Estate Administration is used....
rights - Burial, disposition, organ donation, autopsy, and wrongful death claimWrongful death claimWrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute...
rights - A domestic partner has testimonial privilegesSpousal privilegeIn the law of the United States, the spousal privilege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege....
in court - Community propertyCommunity propertyCommunity property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions...
and dissolution laws apply - Domestic partners may sue on behalf of the community
- Domestic violenceDomestic violenceDomestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
statutes apply - Certain property transfers between partners are not taxed
- State veterans benefits apply
- Appointed and elected officials’ partners subjected to same laws as married officials’ spouses
Post-Referendum 71
Under state law, domestic partners shall be treated the same as married spouses. Some of the more notable changes include:- Use of sick leave to care for a domestic partner
- Rights to injured partners’ wages and benefits and unpaid wages upon death of a partner
- Access to unemployment, disability insurance, and workers’ compensation coverage
- Access to insurance continuance rights after the death of a domestic partner
- Rights related to adoption, child custody and child support
- Business succession rights
Registration
Domestic partnerships are issued by the Secretary of State’sSecretary of State of Washington
The Secretary of State of Washington is one of the elected constitutional officers of the U.S. state of Washington. The duties of the office are specified in Article III, Section 17 of the Washington State Constitution and Chapter 43.07 of the Revised Code of Washington...
Corporations Division in Olympia
Olympia, Washington
Olympia is the capital city of the U.S. state of Washington and the county seat of Thurston County. It was incorporated on January 28, 1859. The population was 46,478 at the 2010 census...
. Couples can register in person or by mail. Couples wishing to enter into a SRDP are required to fill out an application, have it notarized
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
, and pay the filing fee. Once the application is received, the Secretary of State’s office will issue a certificate and a wallet card for each individual.
Registrations are public records — information can be searched on the Secretary of State’s domestic partnership page.
Because a SRDP may be less familiar than marriage to some, the wallet cards or online verification can be used to prove a partner’s relationship, especially during an emergency.
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...
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Civil union in the United StatesCivil union in the United StatesA civil union is a legally recognized union similar to marriage. Many people are critical of civil unions because they say they represent separate status unequal to marriage...
- Domestic partnership in the United States