Expansion of Rights for Domestic Partnerships Put to Vote in Washington
The Domestic Partnership Expansion Bill gives domestic partners the same rights and responsibilities under state law as married heterosexual couples, with the exception of the right to marry.


December 09, 2009 /24-7PressRelease/ -- Expansion of Rights for Domestic Partnerships Put to Vote in Washington

Article provided by Engel Law Group
Visit us at www.engelatlaw.com

"Everything but Marriage"

This past April, the Domestic Partnership Expansion Bill of 2009 (SB 5688) was signed into law by Washington Governor Chris Gregoire. The bill ? also dubbed the "Everything But Marriage" law ? gives domestic partners the same rights and responsibilities under state law that are currently available to married heterosexual couples, with the notable exception of the right to marry.

Some of the expanded rights granted by SB 5688 include adoption rights; access to state pensions and other state-administered benefits; and labor and employment rights, such as the right to take sick leave to care for a partner. The bill specifies that any mention of "spouses" or "husband" and "wife" under state law is gender-neutral and refers equally to married couples and registered domestic partners.

This is the third year that the legislature has taken action to expand the rights of same-sex couples in the state, which began in 2007 with the recognition of domestic partnerships.

Referendum 71

The Domestic Partnership Expansion Bill of 2009 was supposed to go into effect state-wide in late July. However, due to the efforts of those opposed to making domestic partnerships equal to marriage, the effective date has been delayed pending the outcome of this November's elections.

Under state law, voters have the right to challenge recently passed legislation via referendum if enough signatures can be gathered to force the vote. Initially, there was some doubt whether the necessary 120,000 signatures could be secured to force the referendum. The required signatures were obtained, however, and Referendum 71 goes to vote on November 3.

Current Rights Available to Domestic Partners

Prior to SB 5688, two domestic partnership rights laws were passed in Washington. The first law, passed in 2007, granted same-sex couples the right to register as domestic partners. It gave these domestic partners some rights enjoyed by married couples, including:
-Inheritance rights in the absence of a will
-Hospital visitation rights
-The right to make health care decisions if one's partner was incapacitated
-The right to authorize autopsies and organ donation
-Title and rights to cemetery plots
-Eligibility for Public Employees Benefits Board (PEEB) insurance coverage

In 2008, the Washington legislature passed House Bill 3104, which granted 170 new rights under state law to domestic partners. Some of the rights included in the 2008 legislation were:
-Community property rights
-Immunity from testifying against a domestic partner in court
-Child custody rights
-Power of attorney rights
-State tax exemptions
-Guardianship rights
-Rights to state public assistance and veteran benefits

HB 3104 also made the process for dissolution of a domestic partnership the same as the process for dissolving a marriage, requiring the parties to submit a petition to a state court. Additionally, after 2008 a domestic partnership does not automatically dissolve should one of the partners marry.

Conclusion

Those in support of making domestic partnerships equal under the law with marriage argue the expansion of rights is necessary in order to provide security to all families in the state. They also argue that the current hodge-podge of legal rights for domestic partners makes it difficult to determine which rights they have and that SB 5688 adds much needed clarity to the law. Those opposed to the expansion of rights view it as an assault on the sanctity of marriage and worry it moves the state too close to legalizing same-sex marriage.

Whether or not the "Everything but Marriage" bill will become state law is now in the hands of Washington voters. Until they have decided, the state still offers more legal rights to registered domestic partners than most states in the country.

If you have questions about registering or dissolving a domestic partnership or other questions about the rights of domestic partners under Washington law, contact an experienced attorney today.

Article provided by Engel Law Group
Visit us at www.engelatlaw.com

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