Text of WA HB 1980 (2010)

H-0861.1 _____________________________________________ HOUSE BILL 1980 _____________________________________________ State of Washington 61st Legislature 2009 Regular Session By Representatives McCune, Shea, Crouse, Schmick, Cox, Roach, Hinkle, and Kristiansen Read first time 02/04/09. Referred to Committee on Judiciary. 1 AN ACT Relating to reaffirming and protecting the institution and 2 benefits of marriage as a union between a man and a woman; amending RCW 3 26.04.020; adding a new section to chapter 26.04 RCW; creating new 4 sections; repealing RCW 26.60.010, 26.60.020, 26.60.030, 26.60.040, 5 26.60.050, 26.60.060, 26.60.070, and 43.07.400; and declaring an 6 emergency. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 8 NEW SECTION. Sec. 1. This act shall be known and cited as the 9 Washington state defense of marriage act. 10 NEW SECTION. Sec. 2. A new section is added to chapter 26.04 RCW 11 to read as follows: 12 The legislature finds that marriage has been defined throughout 13 time as the union of a husband and wife, and that this union is 14 fundamental and universal. Marriage provides the foundation of a 15 harmonious family life and is the basic building block of a society. 16 The development, productivity, and happiness of our children and new 17 generations to come are bound inextricably to the family unit. As a p. 1 HB 1980 1 result, marriage bears a significant and essential relationship to the 2 well-being, health, and enduring strength of society as a whole. 3 The legislature further finds it is a compelling interest of the 4 state of Washington to reaffirm its historical commitment to the 5 institution of marriage as a union between one man and one woman as 6 husband and wife and to protect that institution. In order to secure 7 and preserve the benefits of marriage for our generation and for future 8 generations, only the union between a man and a woman shall constitute 9 a legally recognizable and valid marital relationship with only spouses 10 entitled to all the benefits of legal marriage under state law. 11 The legislature further finds that same-sex partnerships are not 12 the legal equivalent of lawful marriage and that same-sex partners 13 should not be treated by state law the same as or similarly to legally 14 married spouses. Giving persons in domestic partnerships all or 15 substantially all the legal incidents of lawful marriage under state 16 law not only denigrates the historical understanding of the institution 17 of traditional marriage as being between a man and a woman, but also 18 creates the legal equivalent of the marital union itself without using 19 the term "marriage" and subjects the state of Washington to potential 20 litigation by same-sex partners demanding that the courts impose same- 21 sex marriage. 22 The legislature notes with serious concerns that the California 23 supreme court recently imposed same-sex marriage in that state by 24 finding that the failure to designate the official relationship of 25 same-sex couples in domestic partnerships as "marriage" violated the 26 California constitution. In doing so, the California supreme court 27 noted that under that state's comprehensive domestic partnership 28 legislation a same-sex couple could enter into a legal relationship 29 that afforded the couple virtually all of the same substantive legal 30 benefits and privileges, and imposed upon the couple virtually all of 31 the same legal obligations and duties, that California law afforded to 32 and imposed upon a married couple. The court then held that the 33 California constitution prohibited the state from establishing a 34 statutory scheme in which both opposite-sex and same-sex couples are 35 granted the right to enter into an officially recognized family 36 relationship that affords all of the significant legal rights and 37 obligations traditionally associated under state law with the 38 institution of marriage, but under which the union of an opposite-sex HB 1980 p. 2 1 couple is officially designated a "marriage" whereas the union of a 2 same-sex couple is officially designated a "domestic partnership." 3 Therefore, the legislature intends by this act to repeal, nullify, or 4 void all provisions, applications, or effects of domestic partnerships 5 as established in chapter 6, Laws of 2008 and chapter 156, Laws of 6 2007. 7 Sec. 3. RCW 26.04.020 and 1998 c 1 s 4 are each amended to read as 8 follows: 9 (1) Marriages in the following cases are prohibited: 10 (a) When either party thereto has a wife or husband living at the 11 time of such marriage; 12 (b) When the husband and wife are nearer of kin to each other than 13 second cousins, whether of the whole or half blood computing by the 14 rules of the civil law; or 15 (c) When the parties are persons other than a male and a female. 16 (2) It is unlawful for any man to marry his father's sister, 17 mother's sister, daughter, sister, son's daughter, daughter's daughter, 18 brother's daughter or sister's daughter; it is unlawful for any woman 19 to marry her father's brother, mother's brother, son, brother, son's 20 son, daughter's son, brother's son or sister's son. 21 (3) A marriage between two persons that is recognized as valid in 22 another jurisdiction is valid in this state only if the marriage is not 23 prohibited or made unlawful under subsection (1)(a), (1)(c), or (2) of 24 this section. 25 (4)(a) The uniting of two persons into some form of nonmarital 26 domestic relationship, including any civil union, domestic partnership, 27 reciprocal beneficiary, or other similar relationship, is not legally 28 recognizable or valid in this state. 29 (b) A person united in some form of nonmarital domestic 30 relationship, including any civil union, domestic partnership, 31 reciprocal beneficiary, or other similar relationship, shall not 32 qualify for, or receive, any spousal, familial, or marital right, 33 benefit, privilege, advantage, attribute, incident, immunity, or 34 entitlement, or otherwise, or any equivalent thereof, that is paid for, 35 directly or indirectly, in whole or in part, with state funds. 36 (c) The state does not create or recognize a legal status for 37 persons united in some form of nonmarital domestic relationship, p. 3 HB 1980 1 including any civil union, domestic partnership, reciprocal 2 beneficiary, or other similar relationship, that intends to or does 3 approximate the design, qualities, significance, or effect of marriage, 4 or extends or confers the legal incidents thereof, including any 5 spousal, familial, or marital right, benefit, privilege, advantage, 6 attribute, incident, immunity, or entitlement, or otherwise, or any 7 equivalent thereof, that is authorized or recognized by law, or is paid 8 for, directly or indirectly, in whole or in part, with state funds. 9 (d) Nothing in this section prevents or shall be construed as 10 preventing private parties from contracting between and among 11 themselves for any right, benefit, privilege, advantage, attribute, 12 incident, immunity, or entitlement, or any equivalent thereof, that is 13 not otherwise expressly prohibited by law. 14 NEW SECTION. Sec. 4. A state registered domestic partnership that 15 has been created prior to the effective date of this act is hereby 16 declared null and void and of no legal effect. Any references in state 17 law regarding state registered domestic partnership or state registered 18 domestic partner are hereby declared null and void and of no legal 19 effect. 20 NEW SECTION. Sec. 5. The code reviser shall note wherever state 21 registered domestic partnership or state registered domestic partner is 22 used or referred to in state law that the underlying statutes creating 23 state registered domestic partnerships have been repealed. The code 24 reviser shall prepare legislation for the next session following the 25 2009 regular session that removes all statutory references to state 26 registered domestic partnerships or state registered domestic partners. 27 NEW SECTION. Sec. 6. If any provision of this act or its 28 application to any person or circumstance is held invalid, the 29 remainder of the act or the application of the provision to other 30 persons or circumstances is not affected. 31 NEW SECTION. Sec. 7. The following acts or parts of acts are each 32 repealed: 33 (1) RCW 26.60.010 (Legislative findings) and 2007 c 156 s 1; 34 (2) RCW 26.60.020 (Definitions) and 2007 c 156 s 2; HB 1980 p. 4 1 (3) RCW 26.60.030 (Requirements) and 2007 c 156 s 4; 2 (4) RCW 26.60.040 (Registration--Records--Fees) and 2007 c 156 s 5; 3 (5) RCW 26.60.050 (Termination--Records--Fees) and 2008 c 6 s 1002 4 & 2007 c 156 s 6; 5 (6) RCW 26.60.060 (Domestic partnerships created by subdivisions of 6 the state) and 2007 c 156 s 7; 7 (7) RCW 26.60.070 (Patient visitation) and 2007 c 156 s 8; and 8 (8) RCW 43.07.400 (Domestic partnership registry--Forms--Rules) and 9 2007 c 156 s 3. 10 NEW SECTION. Sec. 8. This act is necessary for the immediate 11 preservation of the public peace, health, or safety, or support of the 12 state government and its existing public institutions, and takes effect 13 immediately. --- END --- p. 5 HB 1980