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Marriage Equality in Washington
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On November 6, 2012, Washington voters approved Referendum 74 to allow civil marriage for same-sex couples. The approval of Referendum 74 means that same-sex couples are able to legally marry in Washington state. Marriage equality provides important benefits to same-sex couples. It means we will be able to celebrate, honor, and protect our relationships using the universal language of marriage that everyone understands. It eliminates barriers to equality that persisted because of the separate but not equal status of state registered domestic partnerships.
When can we get married?
Same-sex couples, whether registered domestic partners or not, can apply for a marriage license on December 6, 2012. Under Washington law, couples have to wait three days after applying for a marriage license to have a marriage ceremony, which means December 9, 2012 is the first day you can get your relationship officially recognized as a marriage in Washington. Marriage licenses are issued by counties. A search for your county and “marriage license” should get you to the information about applying for a marriage license. You can apply for a marriage license in any county in Washington, not just the county where you reside or plan to have your marriage ceremony.
What will happen to our state registered domestic partnership?
Your state registered domestic partnership terminates if you get married. If you do not want to incur the additional cost of obtaining a marriage license or for any other reason do not get married by June 30, 2014, your state registered domestic partnership will automatically convert to marriage on June 30, 2014.
What does it mean for parents?
In 2009 and 2011, the Washington Legislature passed laws that legally protect and recognize the parental rights of same-sex couples who have children together. For example, you and your domestic partner were both be presumed under Washington law to be the parents of any children you had during your domestic partnership. The marriage equality law will continue to provide for this presumption of parentage during your marriage. Despite the legislature’s efforts to do everything possible to create protections for same-sex couples who have a child during their relationship, these laws only protect families while they are in Washington State or in another state that recognizes the same-sex marriages and/or domestic partnerships, they do not guarantee protection in other states. If parents travel to a state that doesn’t recognize same-sex marriage, like Idaho, only the biological parent’s rights may be recognized. Because of this, experts continue to advise non-biological parents adopt their child, even if parents are married.
How does this impact us if our relationship ends?
If you are in the process of a dissolving your state registered domestic partnership (i.e., divorcing) your relationship will not automatically convert to marriage. If your relationship ends at any time after you registered as domestic partners, for purposes of dissolution, your relationship will be deemed as beginning when you became state registered domestic partners. This is also true if you and your registered domestic partner get married, but later decide to end your relationship. This distinction is important for purposes of dividing property, assets and debts. If your relationship existed long before state recognition of domestic partnerships (i.e., 2007), property or debts acquired before you registered as domestic partners may be considered in a dissolution proceeding. These will be distributed in a just and equitable manner.
What about senior couples?
Domestic Partnerships will continue to exist for couples where at least one member of the couple is 62 or older. This is because some senior couples might not want to marry because it may affect their Social Security or pension benefits. For all domestic partnerships where one member of the couple is 62 years or older, the state registered domestic partnership will not automatically convert to marriage. If you want you want to get married you can, you just need to follow the county guidelines for obtaining a marriage license.
Conclusion
Marriage equality provides important benefits and protection for same-sex couples who wish to marry. Still, due to DOMA, differences among federal rights, responsibilities, and benefits will persist. Other states will continue to be allowed to deny the existence of marriages of same-sex couples, no matter how protective Washington laws are for same-sex families. The fight for equality continues, and there are several cases that could be heard by the U.S. Supreme Court in the next year that could change the federal benefits and marriage recognition throughout the United States.
Additional Resources:
QLaw Foundation
QLaw Association http://q-law.org
Legal Voice - http://legalvoice.org/ - They have Tools to Help you including Family Law resources
Lambda Legal - http://www.lambdalegal.org/
National Center for Lesbian Rights - http://www.nclrights.org
Immigration Equality - http://www.immigrationequality.org/
This information is provided for informational purposes only and is not intended to convey legal advice. You are welcome to share with others, we simply ask that you provide credit to the QLaw Foundation. The Qlaw Foundation is a 501(c)3 charitable organization. Donations are tax deductible to the extent allowed by law. Donate here.