Legislature passes protections for gay and lesbian families

OLYMPIA – In what supporters say could provide a model for the nation, the Washington Legislature has taken the first step in an incremental process of securing legal protections for Washington’s gay and lesbian families.

The House of Representatives today approved Senate Bill 5336, which creates a state domestic partnership registry for gay and lesbian families and unmarried senior citizen couples, and confers certain legal protections to registered domestic partners.

“In 1998, this Legislature shamefully blocked the door of equality for gay and lesbian families,” said Sen. Ed Murray, D-Seattle, the bill’s prime sponsor. “With the passage of this legislation, we begin to slowly open that door and provide much-needed protections for the tens of thousands of gay and lesbian families in Washington. This marks a beginning – not an end – of the work ahead us in achieving full marriage equality.”

Protections offered under SB 5336 include hospital visitation rights, the right to make health care decisions for an incapacitated loved one, the right to make funeral arrangements and inheritance rights when there is no will.

Rep. Joe McDermott, D-Seattle, who sponsored the House version of the bill, said that popular support for the effort is strong.

“Our dialogue with the public has been successful,” said McDermott, noting that a public opinion poll conducted by independent pollster Stuart Elway in early February found nearly 60 percent of Washington voters approve of same-sex domestic partnership rights. “Marriage equality is still the goal, and so the conversation continues.”

Rep. Jamie Pedersen, D-Seattle, said that this conversation must respond to recent Washington history on the issue of marriage equality.

“The Legislature passed the so-called ‘Defense of Marriage Act in 1998 and codified discrimination against gay and lesbian families,” said Pedersen. “The state Supreme Court upheld discrimination last summer and now the Legislature is responsible for correcting the injustice. This bill includes only a small fraction of the rights and protections associated with marriage. Each year, we will be back to add more of those rights and protections until the public understands that it’s only fair to allow gay and lesbian people to marry.”

Pedersen said there are over four hundred rights connected with marriage that are not addressed in SB 5336, including the right not to testify against a spouse, the right to health and pension benefits, and hundreds protections related to children and family law.

Rep. Jim Moeller, D-Vancouver, said that the public’s attitude toward gays and lesbians is changing in a positive direction. Even still, said Moeller, it is incumbent upon supporters of marriage equality not to push too hard, or they’ll risk triggering a backlash.

“People aren’t going to change their minds over night on this issue, and we need to respect that,” Moeller said. “We need to bring them along. And that’s what we’re doing, one step at a time.”

SB 5336 passed on a 63-35 vote. The Senate approved the bill in early March. It now moves to Gov. Chris Gregoire, who has said she will sign it into law.

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