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The Washington state House of Representatives voted (63-35) on Tuesday, April 10, to grant same-sex couples some of the legal rights and protections automatically afforded married couples in the state. Senate Bill 5336 will now go to Gov. Chris Gregoire for signing into law, which is expected, and would make Washington only the sixth state to offer some spousal rights to same-sex partners. The law would go into effect 90 days after the governor signs it.
In addition to affecting gay and lesbian couples living in the state, the bill would also extend the same benefits to domestic partnerships of heterosexuals 62 years old or older. This provision of the bill is meant to benefit widows and widowers who do not want to remarry and risk losing a dead spouse's pension or Social Security payment.
Although the law does not require that insurance companies extend coverage to same-sex partners, it does allow several spouse-type rights, including:
• Visitation rights at health care facilities;
• The ability to consent to medical procedures for an incapacitated partner;
• Rights to cemetery plots, autopsy decisions and organ donation; and
• Inheritance rights if the partner dies with no will
– most of which are already available to any couple through legal documentation.
So, why the need for a separate bill covering these specific provisions?
It will cost Washington taxpayers money to have Secretary of State Sam Reed set up (and presumably maintain) a registry for unmarried domestic partners. The bill requires couples interested in acquiring its benefits to make themselves known to the state, but it affords no benefits to them if they move out of state. And the bill falls short of providing the full extent of benefits proponents of same-sex marriage are ultimately fighting for.
In fact, it is a first step by proponents of same-sex marriage toward their goal of enacting legislation in Washington state that would allow same-sex couples to be legally married here. In an article published in The Spokesman-Review on April 11, 2007, it was reported that several lawmakers readily acknowledged that same-sex marriage remains their ultimate goal. Rep. Jamie Pedersen, D-Seattle, one of state's five openly gay state lawmakers, was quoted as saying, "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."
The questions that remain to be answered are: Will the majority of those who previously voted "no" on enacting legislation in Washigton state that would allow for same-sex marriage begin to dwindle? Will the public develop more understanding on the subject in the years to come? Will the definition of marriage change? Will the definition of fairness change? Will the legislators succeed in adding more and more rights to existing Bill 5336 until they get what they really wanted in the first place – same-sex marriage?
We'd like to hear what you think about the subject of same-sex marriage and whether or not Bill 5336 will accomplish that goal. Do you agree with the votes made by your district's Representative and Senator? Do you support Bill 5336 and why? Do you oppose Bill 5336 and why? Email us and we'll post your comments on Spokane.net. If you don't have time to write, then be sure to vote in our PulsePoll.
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Poll Results ...
Question:
"If signed by Washington's Gov. Chris Gregoire, Bill 5336 will provide certain legal rights and protections to same-sex partners in the state. Do you support this bill?"
Results:
Yes -- 64.5%
No -- 35.5%
Undecided -- 0.0%
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