Legislature passes domestic partnership measure

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By Associated Press

OLYMPIA, Wash. (AP) - The Washington state House has passed a bill that would create domestic partnerships for same-sex couples, and the measure now heads to Gov. Chris Gregoire, who is expected to sign it into law.

The bill, which passed the Senate last month, passed the House on a 63-35 vote Tuesday. Two Democrats - Reps. Mark Miloscia of Federal Way and Tami Green of Lakewood - crossed the aisle to vote against the measure. Three Republicans voted for it: Reps. Shirley Hankins of Richland, Fred Jarrett of Mercer Island and Maureen Walsh of College Place.

Supporters said the measure was needed to "provide some relief, some remedy, some humanity" to couples in need.

"I wish we were here to talk about marriage," said Rep. Joe McDermott, D-Seattle and one of five openly gay lawmakers in the Legislature. "Unfortunately we are not. Married couples receive over 400 rights, responsibilities and privileges, but same-sex couples are prohibited from doing this."

Opponents argued it was a "marriage light" bill that would dilute traditional marriage.

"We are chipping away at the very foundations of this institution and of society," said Rep. Bill Hinkle, R-Cle Elum. "This is taking us down a road we do not need to go."

The bill would create a domestic partnership registry with the state, and would provide enhanced rights for same-sex couples, including hospital visitation rights, the ability to authorize autopsies and organ donations and inheritance rights when there is no will.

To be registered, couples would have to share a home, not be married or in a domestic relationship with someone else, and be at least 18.

In a provision similar to California law, unmarried, heterosexual senior couples would also be eligible for domestic partnerships if one partner were at least 62. Lawmakers said that provision was included to help seniors who are at risk of losing pension rights and Social Security benefits if they remarry.

"For the first time, we're providing an alternative to marriage for heterosexuals, for men and women," said Miloscia. He said he would have supported the underlying bill if the 62 or older measure was taken out, and was worried about the precedent it would set for heterosexual couples.

"Heterosexual marriage is in trouble, people, and it's getting worse. What are we saying to our next generation, to our children? We're saying marriage doesn't mean anything."

A handful of amendments failed, including one that would have required a vote of the people, and another that would have included all people who care for others, including grandparents and siblings.

Lawmakers who argued against the bill said it was unnecessary because most of the rights being offered under the measure could be acquired by legal contract.

"This is a step, just as the civil rights bill last year was a step, and that's the way I see it," said Rep. Lynn Schindler, R-Spokane Valley. "The next step is to solidify the domestic partnership relationship in a marriage contract."

Last year a gay civil rights bill became law after nearly 30 years of failure in the Legislature. That measure added "sexual orientation" to a state law that bans discrimination in housing, employment, insurance and credit on the basis of such characteristics as race and religion.

Proponents admit that ultimately marriage is their goal, but said that they don't want to rush the state into taking that step.

"It's still a long hike up the mountainside to marriage," said Sen. Ed Murray, D-Seattle, who spearheaded the gay rights bill last year and was the main sponsor of the domestic partnership measure this year. "This isn't even the side of the mountain.

"You don't go from zero to a hundred instantly," he said. "You have to work to bring people along."

Rep. Jamie Pedersen, D-Seattle, said that what is more likely to happen next legislative session is an attempt to broaden the rights of domestic partnership. He gave the example of the issue of community property as a right that might be added.

The move by the Legislature comes nearly a year after the state Supreme Court upheld Washington's ban on same-sex marriage in a 5-4 decision, ruling that state lawmakers were justified in passing the 1998 Defense of Marriage Act, which restricts marriage to unions between a man and woman.
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