On February 13, 2012, Governor Christine Gregoire signed SB 6239 to legalize same-sex marriagein Washington State. Meanwhile, opponents have promised to gather enough signatures to force a referendum on the law.

Effective Date

The bill, commonly called the Marriage Equality Act, is set to become effective on June 7, 2012. Its effectiveness will be suspended, however, if opponents muster the 120,577 signatures necessary to force a referendum. Those signatures are due by June 6, 2012. If a referendum is triggered, the Act will be placed on the November ballot, and will become law only if approved by the voters. In 2009, opponents of Washington’s “Everything but Marriage” law were successful in forcing a referendum, which the voters passed by a margin of 53% to 47%.

Limited Substantive Change as “Everything but Marriage” Addressed Most Issues of Equality

For Washington State employers, the Marriage Equality Act, if it becomes effective, will cause only limited changes. This is because, in 2009, Washington was the first state in the country to adopt “everything but marriage” domestic partner rights. Under the “Everything but Marriage” law, the terms “spouse, marriage, marital, husband, wife, widow, widower, next of kin and family” apply equally to married couples and state-registered domestic partnerships under all aspects of Washington law, apart from the definition of marriage. Thus, the registration provides the same benefits and obligations that apply to spouses under Washington law, including the right to use sick leave to care for each other, the right to workers’ compensation benefits, and the right to unemployment and disability insurance benefits. The Marriage Equality Act would be somewhat more expansive in its coverage, however, as it would not require that those who marry must share a home, which currently is a requirement to register as Washington domestic partners.

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