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Friday, November 14, 2008

Marriage in Washington State

Posted by Dan Savage on Fri, Nov 14, 2008 at 10:23 AM

In addition to obsessing about the Mormon church's obsession with us, and while preparing to take part in a national day of protest tomorrow, we shouldn't lose focus on pressing for the rights of same-sex couples here in Washington State.

Christine Gregoire, like Barack Obama, offers only cautious, wishy-washy support for full marriage equality. She says she's for domestic partnerships and civil unions, but not for marriage equality—and, like Obama, she says it with a pained grimace, practically blinking out "this is what I have to say if I want to win elections!" in Morse code.

While Gregoire hasn't fought for full civil marriage rights for same sex couples, she did, in her first term, sign two domestic partnership bills that landed on her desk. State sen. Ed Murray and state rep. Jamie Pedersen got those bills to Gregoire's desk, part of their strategy to give marriage rights for same-sex couples a chunk of time in the wake of the state supreme court's appalling bigoted ruling on gay marriage. And during her reelection campaign Gregoire said she would oppose any attempts to pass a constitutional ban on same-sex marriage in Washington State if it ever became legal here… and I'm not sure how that would happen, since the our state's top court ruled against us and the governor refused to answer a direct question about whether she would sign a bill legalizing same-sex marriage if it landed on her desk.

Nevertheless: If voters were going to punish Gregoire and the Dems in the legislature for granting marriagelike rights to same-sex couples, this was the election to do it. But domestic-partner-law-signin', hypothetical-anti-gay-marriage-amendment-opposin' Christine Gregoire beat gay-marriage-opposing, slick-as-shit bigot Dino Rossi by much-wider-than-expected margins. Dem majorities in the legislature held steady. So it would appear that no political price was paid, arguably, for Gregoire signing those two DP bills, or for the Dem legislature's support for the rights of same-sex couples to equal treatment. Not just that, it would appear that voters have signed off on equal treatment for same-sex couples.

So… what can we expect this session? With Gregoire's mandate—let's all start calling it that, shall we?—we have a right to expect, and we should demand, less timidity from the governor and bolder, more aggressive moves on marriage equality from our state legislature.

"Most of the gay legislators are getting together a week from Saturday to talk about what to do next session and beyond to get our state to marriage equality," state rep. Jamie Pedersen writes in an e-mail. Until that meeting, Pedersen can't say for sure what the plan will be for advancing the rights of same-sex couples in the upcoming legislative session. He adds that he hasn't spoken with the leadership yet, or with the governor. But he was willing to say this:

"In 2009, I think we should pursue another expansion of domestic partnership, adding at least the same benefits that spouses of state employees get (pensions, death benefits for spouses of police killed in the line of duty), parentage rights (for example, a presumption that a child born to one registered domestic partner is the child of the other partner as well), and estate taxes (providing an exemption from estate taxes on the death of one partner when the property is passing to the other)."

Pedersen says they may amend the 300 or so other statutes that treat spouses and DPs differently under state law—"We may decide to add 'everything but marriage'"—or they might wait to do that until 2010.

Pedersen also plans to introduce a bill in the 2009 session that would help gay and lesbian couples who are planning to have kids.

"Right now, it's illegal to pay a surrogate in Washington—and even if you can find a surrogate to help you carry a child, she has a 48-hour period after the birth to consider whether she wants to give up your baby," Pedersen writes. "If she decides to keep it, you can be left paying child support until the child turns 18. By contrast, in California the intended parents can go to court while the surrogate is pregnant and get a 'determination of parentage,' which means that as soon as the child is born, it is theirs. No need for an adoption, no uncertainty."

What about going for broke and legalizing full marriage equality in Washington state?

"We will keep a close eye on what happens in NJ and NY this session," writes Pedersen, "the oral arguments and decision in Lambda Legal's Iowa case, any progress in Congress, and the results of the legal challenge to Prop 8. We'll have a marriage bill (at least in the House)—but post-California we recognize that we have a lot more work to do on public education and preparing for a successful defense against a referendum challenge before we can ask our colleagues to pass the bill."

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Comments (15) RSS

Oldest First Unregistered On Registered On Add a comment
1
And Pedersen decides to poke his head out of the foxhole - yay!
Posted by tomasyalba on November 14, 2008 at 10:32 AM
2
Just out of curiosity, when you say "surrogate" do you mean a non-biologically-related-to-child rented womb (or donated womb, as the case may be), or do you mean a woman who is a biological parent, artificially inseminated?
Posted by emily on November 14, 2008 at 10:33 AM
3
i would like them to at least change the language from DP to Civil Unions. It sounds a bit (a little bit) more solid and kinda nudges everyone towards the M word. I think the general public may see a bigger jump from DP to Marriage then from CU to Marriage. Which is maybe why the transition seems a lot less radical in places like VT, CT, and NJ. Separately I'd like to see someone big like Hillary Clinton come out pro-marriage if she is truly not going to run again for Pres., of course maybe this would hurt her chances for SCOTUS, but she has indicated she's not interested in that. All of the pro-marriage bigwigs like Al Gore wait too long.
Posted by Your Name Here on November 14, 2008 at 10:43 AM
4
The whole surrogate/sperm donar thing is a VERY dangerous thing. And honestly, if brought to court, everyone loses. The biological father loses because he will have to pay child support regardless of his choice in the matter. And the woman has to contend with her own biology which are largely at odds with her LONG TERM DESIRES OR INERESTS. And the court usually sides with the mother, because well ... every child needs a mother, because traditionally they are the only ones adequit enough to do the hard child rearing stuff, the men are only adequit at getting the pay check.

To put it bluntly, I get the impression most women lack the will power to do what's best for the child, i.e. adoption (or abortion if they never wanted to be pregnant in the first place). They would rather have a family unit in squalor and delinquincy than deal with the "emotional burden" of giving up a child. All logic of feasbility is thrown out the window all the way down to the fact that we are brining more people to an already crowded planet in a country that is at war over natural resources.

Hello???? Are we really that much of a slave to our petty short term emotions?

Yet we can all be happy if we exercise restraint and disipline. Let people who really hunger and work hard to make a family have the opportunity (straight, single or whatever). Don't fucking Indian give your children, don't assume you'll "make it work" by ... stripping??? and god knows what. Because I get the impression that whole hormonal biological thing that drives people to become parents when they really didn't want to be ... well that only works for so long. By the time they are in high school, reality sets in and forced parents realize that they never really wanted children in the first place.

But the way people live their lives these days, I'm not impressed the self disipline of America.
More...
Posted by former OR Matt on November 14, 2008 at 10:53 AM
5
Given the legislative successes our WA LGBT community has had over the last four years after three decades of gridlock (don't forget the statewide anti-discrimination law, which is huge), I'd say Jamie's approach is reasonable. I'm all for marriage equality, but the incremental strategy is working.



We have to be pragmatic and acknowledge that a majority of our fellow citizens believe that they are victimized by giving us equality. By adding to the DP laws so that they mirror marriage, it will make the case for full marriage rights five to ten years down the road with reduced public backlash.
Posted by Original Andrew on November 14, 2008 at 11:26 AM
6
Suggested Slogan: MAKE WASHINGTON A WED STATE.
Posted by Andy Niable on November 14, 2008 at 11:30 AM
7
A guy on NPR made a very good point yesterday: In his opinion, and now in mine, us 'mos need to quit calling for "same-sex marriage," or "gay marriage" rights. That sounds a little like special rights. Whereas, calling for "marriage equality" sounds more like "MARRIAGE EQUALITY." Isn't that what we're after, after all?

Sorry if this posts twice. My internet connection tripped just as I sent the first time.
Posted by Michael on November 14, 2008 at 11:36 AM
8
#7

The lead banner for tommorow's march will say -SEATTLE MARCH FOR MARRIAGE EQUALITY - the learning curve on language has taken hold in some places it appears.

In the Know
Posted by In the Know on November 14, 2008 at 11:50 AM
9
Doesn't Jamie's idea for surrogates go down that slippery slope of giving fetuses legal rights? Seems like it might. Let's make sure we don't undo years and years of work for women's reproductive health to address this issue.
Posted by NSeattleRox on November 14, 2008 at 12:02 PM
10
How about an initiative...?
Posted by Giffy on November 14, 2008 at 12:13 PM
11
Here's a slogan-- We've Got A Butt-Fuck Cum-Load of Work to Do!
Posted by your name here on November 14, 2008 at 1:26 PM
12
From: Ed Murray
The answer to where we stand in obtaining marriage equality (or full domestic partnership) in the State of Washington rest not with the six gay legislators in Olympia, but with all of who make up the queer community.
The answer will come when we truly do the hard work of change. The issue of marriage equality will for the most part be decided by the states. Yet most legislators in this state still have not heard from constituents advocating for marriage equality. Most legislative candidates who support us have never had members of our community doorbell for their campaigns. Despite the best efforts of Fighting for the Majority and Equal Rights Washington, we still as a community prefer to give our dollars to national organizations, then to local organizations that have been successful in obtaining civil rights and domestic partnerships for our community.
This fall the developmentally disabled community will bring together up to eight hundred family members to meet with legislators. This winter the homeless and their advocates will come down to Olympia by the hundreds. We as a community have nothing to equal these examples.
I am happy to see the energy going into the protest of this weekend. I hope that energy will translate into walking the halls of the legislature to achieve marriage equality
In addition to what was mentioned in the slog entry; key leaders of LGBT organizations will meet in Olympia during the first few days of December to plan the next step with legislators. In December I will hold my LGBT Town Meeting (a tradition begun by the late Cal Anderson) so the larger community has an opportunity to participate in this process.
Regards
Ed Murray
Posted by Ed Murray on November 14, 2008 at 1:30 PM
13
I, for one, believe that our approach in WA is working. What we have so far, regardless of it's name, is a good safety net for couples and families accross the state. We should be proud of ourselves to have had the the bold leadership and collaboration that got us here. Lets take this energy turn up the volume.

I also agree with our Senator Ed Murray. We can put 10 more gay legislators in Olympia (hopefully a lesbian at some point), but we won't get to where we need to be unless we work with our local organizations and leaders to bring about the change we demand. Rallies are important and a good start. But it's the hard work after the rally that brings about change. Let tomorrow be your committment to do just that.
Posted by Nufaesun on November 14, 2008 at 2:33 PM
14
"With Gregoire's mandate—let's all start calling it that, shall we?—we have a right to expect, and we should demand, less timidity from the governor and bolder, more aggressive moves on marriage equality from our state legislature."

A-fucking-men.
Posted by Arboreality on November 14, 2008 at 3:44 PM
15
Fucking WA politics....grow some fucking balls and pass gay marriage!!! NOW!!! <----impatient fag wants his wedding
Posted by zephsright on November 14, 2008 at 4:54 PM

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