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 anti-discrimination laws. Same-sex marriage has been legal since 2012, and same-sex couples are allowed to adopt. Conversion therapy on minors is also illegal.
Washington is frequently referred to as one of the United States' most LGBT-friendly state. A substantial majority of Washingtonians support same-sex marriage.
Video LGBT rights in Washington (state)
Legality of same-sex sexual activity
Washington repealed its laws that criminalized consensual sodomy in June 1975.
Maps LGBT rights in Washington (state)
Recognition of same-sex relationships
Since 2001, Washington state has provided benefits to same-sex partners of state employees.
The state adopted a statute defining marriage as the union of a man and a woman in 1998. In the 2006 case Andersen v. King County, the Washington Supreme Court upheld the constitutionality of that law. Since 2007, Washington state has recognized its own state-registered domestic partnerships, which are considered equivalent to the domestic partnerships, civil unions, and marriages of same-sex couples in other jurisdictions. It has also recognized same-sex civil unions and domestic partnerships established in other jurisdictions since then.
Since 2011, Washington state has recognized same-sex marriages performed elsewhere as the equivalent of its own domestic partnerships.
Governor Chris Gregoire signed a law authorizing same-sex marriages on February 13, 2012, but opponents gathered enough signatures to force a voter referendum on the legislation. Voters approved the law in the November election by a margin of 54% to 46%. Same-sex marriages have been recognized by the state since that law took effect on December 6. The law also provided that Washington's registered domestic partnerships convert automatically to marriages on June 30, 2014, if not dissolved before that date.
Adoption and parenting
Washington state law permits a legally competent adult to petition to adopt without respect to marital status. Same-sex couples can adopt jointly and can arrange second-parent adoptions as well.
Additionally, lesbian couples are allowed to access IVF in the state.
From January 1, 2019, commercial surrogacy will be legalized in Washington and will be available for all couples, regardless of their gender.
Federal income tax
The Internal Revenue Service ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages. Couples with registered domestic partnerships in Washington, a community property state, must first combine their annual income and then each must claim half that amount as his or her income for federal tax purposes. However, filing such returns precludes electronic filing, and Washington has no state income tax independently justifying a complex filing. In certain circumstances, the IRS allows affected couples to disregard community property rules. Since April 2011, Washington has recognized same-sex marriages performed in other jurisdictions as equivalent to its domestic partnerships, with the result that community property rules now apply to these couples as well, when residing in Washington.
Discrimination protections
Washington state law prohibits discrimination based on sexual orientation and gender identity or expression. The protections were added in 2006 with Washington House Bill 2661. Discrimination based on sexual orientation in public employment had already been prohibited since 1991 by an executive order of Governor Booth Gardner.
On March 7, 2014, Mark Zmuda filed a lawsuit in King County Superior Court against Eastside Catholic School and the Archdiocese of Seattle charging illegal termination of his employment as an assistant principal and swimming coach at the school in December 2013 after his same-sex marriage entered into the previous July became known to school officials. The Archdiocese was named as a defendant because it has no direct authority over the school but, according to the complaint, ordered his dismissal.
Arlene's Flowers in Richland was fined $1,000 in February 2015 for violating the state's anti-discrimination law for refusing to provide flowers for a same-sex wedding. In February 2017, the fine was unanimously upheld by the Washington Supreme Court, which held that the florist had no right under the U.S. Constitution's Free Exercise Clause or Free Speech Cause to refuse services to the couple due to her religious beliefs.
Hate crime laws
Washington state law criminalizes "malicious harassment" and violence against individuals because of sexual orientation and gender identity or expression.
Gender identity and expression
In order for a transgender person in Washington to change their legal gender on their birth certificate, they must submit to the Washington State Department of Health: a copy of the current birth certificate, a certified copy of a name change court order, a completed Court Order Legal Name Change Request Form and a letter from the requestor stating the following information, as listed on the current birth certificate: name, date of birth, place of birth and names of parents. Furthermore, transgender persons may also change their gender on their driver's license and identification cards.
In February 2016, the Washington State Senate voted 25-24 to defeat a bill that would have repealed a new rule issued by the state's Human Rights Commission that allows transgender people to use public restrooms that correspond with their gender identity. One Democrat voted in favor of repealing the new rule, while 3 Republicans voted against repealing it. Following the bill's defeat, supporters began collecting signatures to have the issue on the ballot in November 2016. However, in July, it was revealed that not enough signatures had been collected.
Since January 27, 2018, the Washington State Department of Health has allowed people to register their sex as "gender X" on their birth certificates.
Conversion therapy
On February 13, 2014, the state House of Representatives voted 94-4 in favor of a bill that would have prohibited health care providers from trying to change the sexual orientation of minors. The state Senate, controlled by the Majority Coalition Caucus, took no action on the legislation.
Another bill was introduced in 2015. It passed the Senate in March. The House then approved a modified version of the bill in a 60-37 vote. However, in April, the Senate voted 27-22 to refuse to consider the modified bill.
After Democrats took control of the Washington Senate at the end of 2017, Senate Bill 5722, banning conversion therapy, was approved 32-16, with 1 "excused from the chamber" (due to disorderly conduct) on January 19, 2018. The bill then passed the Washington House of Representatives by a vote of 66-32 and had to go back to the Senate for another vote due to technical amendments. The Senate later passed the amended bill by a vote of 33-16. Governor Jay Inslee signed it into law on March 28, 2018. The law goes into effect 90 days after the end of the legislative term (i.e. June 7, 2018).
Local bans
On August 1, 2016, Seattle voted to ban conversion therapy on minors. The ban was sponsored by Commissioner Lorena González and was unanimously approved by all other eight city commissioners. Mayor Ed Murray signed the ordinance, Seattle Municipal Code 14.21, on August 3 and it took effect on October 2, 2016.
Public opinion
A 2017 Public Religion Research Institute poll found that 73% of Washington residents supported same-sex marriage, while 21% were opposed and 6% were unsure.
See also
- Law of Washington
- LGBT rights in the United States
References
Source of article : Wikipedia
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