Domestic partnership in Washington
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On April 10, 2007, the Washington Legislature gave final approval to legislation that created a state registered domestic partners (SRDP) registry. This legislation conferred eleven of the rights of marriage on same-sex couples, as well as opposite-sex couples when at least one of the individuals is age 62 or older. The bill S5336 was signed by Governor Christine Gregoire on April 21, 2007, and took effect on July 22, 2007.
In its 2008 session, the legislature greatly expanded the scope of the law, adding over 160 of the rights and responsibilities of marriage to domestic partnerships. The bill, HB3104, was passed on March 4, 2008, signed by Governor Christine Gregoire on March 12, 2008, and came into effect on June 12, 2008.
Washington law explicitly excludes same-sex couples from marriage RCW 26.04.010. On July 26, 2006, the Washington Supreme Court ruled in the case of Andersen et al. v. King County et al. that it was within the power of the legislature to determine who is eligible to enter into marriage in the state and therefore RCW 26.04.010 did not violate the Washington Constitution. The court noted, though, that the Legislature was certainly free to revisit any law it had previously enacted. Legislators backing the domestic partnership legislation have been open in stating that their ultimate intent it to expand marriage laws to include same-sex couples and that they see the creation and expansion of domestic partnerships as steps toward that goal.[1]
[edit] Rights and Responsibilities
Domestic Partnerships in Washingon confer over 171 of the rights and responsibilities of marriage. Highlights include:[2]
- Community property rules apply;
- Dissolution (divorce) laws apply if either partner has minor children or the partnership has lasted longer than five years;
- Domestic partners may sue on behalf of the community;
- Testimonial privilege applies;
- Domestic violence statutes apply;
- Health care decision-making, visitation, and information-access rights apply;
- Certain property transfers between partners are not taxed;
- A surviving domestic partner may bring a wrongful death action based on the death of the other partner;
- Rights regarding cemetery plots, disposition of remains, anatomical donations; and ordering of autopsies apply;
- Inheritance rights and administration of the estate when the domestic partner dies without a will apply
- State veterans benefits apply
- Appointed and elected officials' domestic partners are subject to the same laws and regulations that apply to officials' spouses;
[edit] Obtaining the SRDP certificate
The Corporations division of the Secretary of State began issuing registrations on Monday, July 23, 2007, the first business day after the law took effect.
Couples wishing to enter into a SRDP are required to fill out the application, have it notarized, and pay a $50 fee. Although the forms are available at county auditor's offices, unlike marriage licenses they are processed in Olympia, the state capital. The printed form can be mailed or taken in person to the corporations division in Olympia, and online registrations are expected soon. Once the application is received, the office will issue a certificate of SRDP and a wallet card for each individual.
[edit] See also
State
United States
- Same-sex marriage in the United States
- Civil union in the United States
- Domestic partnership in the United States
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