Text of WA HB 2516 (2012)

Z-0949.1 _____________________________________________ HOUSE BILL 2516 _____________________________________________ State of Washington 62nd Legislature 2012 Regular Session By Representatives Pedersen, Walsh, Moeller, Jinkins, Tharinger, Upthegrove, Van De Wege, Seaquist, McCoy, Billig, Morris, Carlyle, Darneille, Ladenburg, Maxwell, Moscoso, Stanford, Fitzgibbon, Pollet, Hudgins, Finn, Eddy, Springer, Ormsby, Wylie, Goodman, Appleton, Pettigrew, Takko, Roberts, Ryu, Cody, Hasegawa, Hunter, Hunt, Haigh, Lytton, Santos, Orwall, Hansen, Sullivan, Kenney, Reykdal, Dickerson, Kagi, Sells, Clibborn, Dunshee, Liias, and Chopp; by request of Governor Gregoire 1 AN ACT Relating to providing equal protection for all families in 2 Washington by creating equality in civil marriage and changing the 3 domestic partnership laws, while protecting religious freedom; amending 4 RCW 26.04.010, 26.04.020, 26.04.050, 26.04.060, 26.04.070, 26.60.010, 5 26.60.030, 26.60.090, and 1.12.080; adding new sections to chapter 6 26.04 RCW; adding a new section to chapter 26.60 RCW; creating new 7 sections; and providing a contingent effective date. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 NEW SECTION. Sec. 1. (1) It is the intent of this act to end 10 discrimination in marriage based on gender and sexual orientation in 11 Washington, to ensure that all persons in this state may enjoy the 12 freedom to marry on equal terms, while also respecting the religious 13 freedom of clergy and religious institutions to determine for whom to 14 perform marriage ceremonies and to determine which marriages to 15 recognize for religious purposes. 16 (2) No official of any religious denomination or nonprofit 17 institution authorized to solemnize marriages may be required to 18 solemnize any marriage in violation of his or her right to free p. 1 HB 2516 1 exercise of religion guaranteed by the First Amendment to the United 2 States Constitution or by the Washington state Constitution. 3 Sec. 2. RCW 26.04.010 and 1998 c 1 s 3 are each amended to read as 4 follows: 5 (1) Marriage is a civil contract between ((a male and a female)) 6 two persons who have each attained the age of eighteen years, and who 7 are otherwise capable. 8 (2) Every marriage entered into in which either ((the husband or 9 the wife)) person has not attained the age of seventeen years is void 10 except where this section has been waived by a superior court judge of 11 the county in which one of the parties resides on a showing of 12 necessity. 13 (3) Where necessary to implement the rights and responsibilities of 14 spouses under the law, gender specific terms such as husband and wife 15 used in any statute, rule, or other law must be construed to be gender 16 neutral and applicable to spouses of the same sex. 17 Sec. 3. RCW 26.04.020 and 1998 c 1 s 4 are each amended to read as 18 follows: 19 (1) Marriages in the following cases are prohibited: 20 (a) When either party thereto has a ((wife or husband)) spouse or 21 registered domestic partner living at the time of such marriage, unless 22 the registered domestic partner is the other party to the marriage; or 23 (b) When the ((husband and wife)) spouses are nearer of kin to each 24 other than second cousins, whether of the whole or half blood computing 25 by the rules of the civil law((; or 26 (c) When the parties are persons other than a male and a female)). 27 (2) It is unlawful for any ((man to marry his father's sister, 28 mother's sister, daughter, sister, son's daughter, daughter's daughter, 29 brother's daughter or sister's daughter; it is unlawful for any woman 30 to marry her father's brother, mother's brother, son, brother, son's 31 son, daughter's son, brother's son or sister's son)) person to marry 32 his or her sibling, child, grandchild, aunt, uncle, niece, or nephew. 33 (3) A marriage between two persons that is recognized as valid in 34 another jurisdiction is valid in this state only if the marriage is not 35 prohibited or made unlawful under subsection (1)(a)((, (1)(c),)) or (2) 36 of this section. HB 2516 p. 2 1 (4) A legal union, other than a marriage, between two individuals 2 that was validly formed in another state or jurisdiction and that 3 provides substantially the same rights, benefits, and responsibilities 4 as a marriage, does not prohibit those same two individuals from 5 obtaining a marriage license in Washington. 6 Sec. 4. RCW 26.04.050 and 2007 c 29 s 1 are each amended to read 7 as follows: 8 (1) The following named officers and persons, active or retired, 9 are hereby authorized to solemnize marriages, to wit: Justices of the 10 supreme court, judges of the court of appeals, judges of the superior 11 courts, supreme court commissioners, court of appeals commissioners, 12 superior court commissioners, any regularly licensed or ordained 13 minister or any priest, imam, rabbi, or similar official of any church 14 or religious denomination, and judges of courts of limited jurisdiction 15 as defined in RCW 3.02.010. 16 (2) No regularly licensed or ordained minister or any priest, imam, 17 rabbi, or similar official of any church or religious denomination is 18 required to solemnize any marriage. A refusal to solemnize any 19 marriage under this section by a regularly licensed or ordained 20 minister or priest, imam, rabbi, or similar official of any church or 21 religious denomination does not create a civil claim or cause of 22 action. No state agency or local government may base a decision to 23 penalize, withhold benefits from, or refuse to contract with any church 24 or religious denomination on the refusal of a person associated with 25 such church or religious denomination to solemnize a marriage under 26 this section. 27 Sec. 5. RCW 26.04.060 and 1975-'76 2nd ex.s. c 42 s 25 are each 28 amended to read as follows: 29 A marriage solemnized before any person professing to be a minister 30 or a priest ((of any)), imam, rabbi, or similar official of any church 31 or religious denomination in this state or professing to be an 32 authorized officer thereof, is not void, nor shall the validity thereof 33 be in any way affected on account of any want of power or authority in 34 such person, if such marriage be consummated with a belief on the part 35 of the persons so married, or either of them, that they have been 36 lawfully joined in marriage. p. 3 HB 2516 1 Sec. 6. RCW 26.04.070 and Code 1881 s 2383 are each amended to 2 read as follows: 3 In the solemnization of marriage no particular form is required, 4 except that the parties thereto shall assent or declare in the presence 5 of the minister, priest, imam, rabbi, or similar official of any church 6 or religious denomination, or judicial officer solemnizing the same, 7 and in the presence of at least two attending witnesses, that they take 8 each other to be husband and wife. 9 NEW SECTION. Sec. 7. A new section is added to chapter 26.04 RCW 10 to read as follows: 11 (1) Consistent with the law against discrimination, chapter 49.60 12 RCW, no religious organization is required to provide accommodations, 13 facilities, advantages, privileges, services, or goods related to the 14 solemnization or celebration of a marriage unless the organization 15 offers admission, occupancy, or use of those accommodations or 16 facilities to the public for a fee, or offers those advantages, 17 privileges, services, or goods to the public for sale. 18 (2) A refusal by any religious organization to provide 19 accommodations, facilities, advantages, privileges, services, or goods 20 related to the solemnization or celebration of a marriage does not 21 create a civil claim or cause of action unless the organization offers 22 those accommodations, facilities, advantages, privileges, services, or 23 goods to the public in transactions governed by law against 24 discrimination, chapter 49.60 RCW. 25 Sec. 8. RCW 26.60.010 and 2007 c 156 s 1 are each amended to read 26 as follows: 27 Many Washingtonians are in intimate, committed, and exclusive 28 relationships with another person to whom they are not legally married. 29 These relationships are important to the individuals involved and their 30 families; they also benefit the public by providing a private source of 31 mutual support for the financial, physical, and emotional health of 32 those individuals and their families. The public has an interest in 33 providing a legal framework for such mutually supportive relationships, 34 whether the partners are of the same or different sexes, and 35 irrespective of their sexual orientation. HB 2516 p. 4 1 ((The legislature finds that same sex couples, because they cannot 2 marry in this state, do not automatically have the same access that 3 married couples have to certain rights and benefits, such as those 4 associated with hospital visitation, health care decision-making, organ 5 donation decisions, and other issues related to illness, incapacity, 6 and death. Although many of these rights and benefits may be secured 7 by private agreement, doing so often is costly and complex.)) 8 The legislature ((also)) finds that the public interest would be 9 served by extending rights and benefits to ((different sex)) couples in 10 which either or both of the partners ((is)) are at least sixty-two 11 years of age. While these couples are entitled to marry under the 12 state's marriage statutes, some social security and pension laws 13 nevertheless make it impractical for these couples to marry. For this 14 reason, chapter 156, Laws of 2007 specifically allows couples to enter 15 into a state registered domestic partnership if one of the persons is 16 at least sixty-two years of age, the age at which many people choose to 17 retire and are eligible to begin collecting social security and pension 18 benefits. 19 The rights granted to state registered domestic partners in chapter 20 156, Laws of 2007 will further Washington's interest in promoting 21 family relationships and protecting family members during life crises. 22 Chapter 156, Laws of 2007 does not affect marriage or any other ways in 23 which legal rights and responsibilities between two adults may be 24 created, recognized, or given effect in Washington. 25 Sec. 9. RCW 26.60.030 and 2007 c 156 s 4 are each amended to read 26 as follows: 27 To enter into a state registered domestic partnership the two 28 persons involved must meet the following requirements: 29 (1) Both persons share a common residence; 30 (2) Both persons are at least eighteen years of age and at least 31 one of the persons is sixty-two years of age or older; 32 (3) Neither person is married to someone other than the party to 33 the domestic partnership and neither person is in a state registered 34 domestic partnership with another person; 35 (4) Both persons are capable of consenting to the domestic 36 partnership; and 37 (5) Both of the following are true: p. 5 HB 2516 1 (a) The persons are not nearer of kin to each other than second 2 cousins, whether of the whole or half blood computing by the rules of 3 the civil law; and 4 (b) Neither person is a sibling, child, grandchild, aunt, uncle, 5 niece, or nephew to the other person((; and 6 (6) Either (a) both persons are members of the same sex; or (b) at 7 least one of the persons is sixty-two years of age or older)). 8 NEW SECTION. Sec. 10. A new section is added to chapter 26.60 RCW 9 to read as follows: 10 (1) Partners in a state registered domestic partnership may apply 11 and receive a marriage license and have such marriage solemnized 12 pursuant to chapter 26.04 RCW, so long as the parties are otherwise 13 eligible to marry, and the parties to the marriage are the same as the 14 parties to the state registered domestic partnership. 15 (2) A state registered domestic partnership is dissolved by 16 operation of law by any marriage of the same parties to each other, as 17 of the date of the marriage stated in the certificate. 18 (3)(a) Except as provided in (b) of this subsection, any state 19 registered domestic partnership in which the parties are the same sex, 20 and neither party is sixty-two years of age or older, that has not been 21 dissolved or converted into a marriage by the parties by June 30, 2014, 22 is automatically merged into a marriage and is deemed a marriage as of 23 June 30, 2014. 24 (b) If the parties to a state registered domestic partnership have 25 proceedings for dissolution, annulment, or legal separation pending as 26 of June 30, 2014, the parties' state registered domestic partnership is 27 not automatically merged into a marriage and the dissolution, 28 annulment, or legal separation of the state registered domestic 29 partnership is governed by the provisions of the statutes applicable to 30 state registered domestic partnerships in effect before June 30, 2014. 31 If such proceedings are finalized without dissolution, annulment, or 32 legal separation, the state registered domestic partnership is 33 automatically merged into a marriage and is deemed a marriage as of 34 June 30, 2014. 35 (4) For purposes of determining the legal rights and 36 responsibilities involving individuals who had previously had a state 37 registered domestic partnership and have been issued a marriage license HB 2516 p. 6 1 or are deemed married under the provisions of this section, the date of 2 the original state registered domestic partnership is the legal date of 3 the marriage. Nothing in this subsection prohibits a different date 4 from being included on the marriage license. 5 NEW SECTION. Sec. 11. A new section is added to chapter 26.04 RCW 6 to read as follows: 7 If two persons in Washington have a legal union, other than a 8 marriage, that: 9 (1) Was validly formed in another state or jurisdiction; 10 (2) Provides substantially the same rights, benefits, and 11 responsibilities as a marriage; and 12 (3) Does not meet the definition of domestic partnership in RCW 13 26.60.030, 14 then they shall be treated as having the same rights and 15 responsibilities as married spouses in this state, unless: 16 (a) Such relationship is prohibited by RCW 26.04.020 (1)(a) or (2); 17 or 18 (b) They become permanent residents of Washington state and do not 19 enter into a marriage within one year after becoming permanent 20 residents. 21 Sec. 12. RCW 26.60.090 and 2011 c 9 s 1 are each amended to read 22 as follows: 23 A legal union, other than a marriage, of two persons ((of the same 24 sex)) that was validly formed in another jurisdiction, and that is 25 substantially equivalent to a domestic partnership under this chapter, 26 shall be recognized as a valid domestic partnership in this state and 27 shall be treated the same as a domestic partnership registered in this 28 state regardless of whether it bears the name domestic partnership. 29 Sec. 13. RCW 1.12.080 and 2011 c 9 s 2 are each amended to read as 30 follows: 31 For the purposes of this code and any legislation hereafter enacted 32 by the legislature or by the people, with the exception of chapter 33 26.04 RCW, the terms spouse, marriage, marital, husband, wife, widow, 34 widower, next of kin, and family shall be interpreted as applying 35 equally to state registered domestic partnerships or individuals in p. 7 HB 2516 1 state registered domestic partnerships as well as to marital 2 relationships and married persons, and references to dissolution of 3 marriage shall apply equally to state registered domestic partnerships 4 that have been terminated, dissolved, or invalidated, unless the 5 legislation expressly states otherwise and to the extent that such 6 interpretation does not conflict with federal law. Where necessary to 7 implement chapter 521, Laws of 2009 and this act, gender-specific terms 8 such as husband and wife used in any statute, rule, or other law shall 9 be construed to be gender neutral, and applicable to individuals in 10 state registered domestic partnerships and spouses of the same sex. 11 NEW SECTION. Sec. 14. (1) Within sixty days after the effective 12 date of this section, the secretary of state shall send a letter to the 13 mailing address on file of each same-sex domestic partner registered 14 under chapter 26.60 RCW notifying the person that Washington's law on 15 the rights and responsibilities of state registered domestic partners 16 will change in relation to certain same-sex registered domestic 17 partners. 18 (2) The notice must provide a brief summary of the new law and must 19 clearly state that provisions related to certain same-sex registered 20 domestic partnerships will change as of the effective dates of this 21 act, and that those same-sex registered domestic partnerships that are 22 not dissolved prior to June 30, 2014, will be converted to marriage as 23 an act of law. 24 (3) The secretary of state shall send a second similar notice to 25 the mailing address on file of each domestic partner registered under 26 chapter 26.60 RCW by May 1, 2014. 27 NEW SECTION. Sec. 15. Sections 8 and 9 of this act take effect 28 June 30, 2014, but only if all other provisions of this act are 29 implemented. --- END --- HB 2516 p. 8