State of Washington & Domestic Partnership

Washington Domestic Partner Bill Moving Forward
by 365Gay.com Newscenter Staff

Posted: February 12, 2007 - 9:00 pm ET

(Olympia, Washington) Legislation creating a domestic partner registry for same-sex couples in the state of Washington has cleared committees in the House and Senate and is moving toward a floor vote in both chambers.

But a second bill - one that would grant marriage to gay and lesbian couples - has failed to gain steam and is unlikely to proceed this year.

The domestic partner registry would also be open to opposite sex senior who for a variety of reasons are unable to marry.

The legislation would allow couples who register to have inheritance rights to partner property, the right to visit partners in hospital, make medical decisions and insure the rights of partners when one dies without a will.

With more than half of the House members signed on as co-sponsors the measure is assured passage in that chamber. In the Senate, Majority Leader Lisa Brown (D) said she believes there are enough votes to pass it there as well.

Last month in Senate hearings on the bill a woman whose same-sex partner died as a result of flooding in December told lawmakers that she had difficulty getting into the hospital to see her dying lover. (story)

In emotional testimony Charlene Strong told how partner Kate Fleming got trapped in the basement studio where she ran an audio company. As the water rose she was unable to open the door to get out.

Rescuers finally broke through and rushed Fleming to an area hospital.

But at the hospital Strong was told told she could not be with her dying partner of nearly 10 years because she was not a relative. Finally officials relented when a family member interceded. Fleming died moments later.

Even as she tried to plan Fleming's funeral Strong faced roadblocks.

Strong told committee members that if they had been an opposite-sex married couple, or had civil union rights she would have had no trouble.

The committee also heard from Sen. Ed Murray (D) the main sponsor of the partner bill.

Appearing with his partner Murray said that he preferred marriage over civil unions, pointing to 400 protections that come with marriage. Domestic partner legislation is a good temporary fix he said.

Republicans have vowed to vote against the legislation. They are pushing a constitutional amendment to ban same-sex marriage.

Last July the Washington Supreme Court upheld the state's so-called Defense of Marriage Act that limits marriage to opposite-sex couples.

The court cited the argument that marriage was designed for the procreation of children. But the court noted the legislature could overturn the law or amend it to include gay pairs. (story)

Gay and lesbian couples denied marriage licenses filed suit in 2004. Two lower courts ruled that the state law barring gay marriage was unconstitutional and the the high court heard arguments in the case in March 2005. (story).

The proposed constitutional amendment does not have enough support in the legislature to advance. But gay rights advocates have put forward their own amendment picking up on the high courts procreation argument.

It would require heterosexual couples to have a child within three years or have their marriages annulled. (story)

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