MARRIAGE EQUALITY ACT SIGNED IN WASHINGTON STATE

On February 13, 2012, before hundreds of marriage equality advocates and supporters, Gov. Chris Gregoire signed legislation that makes Washington the 7th state in the nation to allow same-sex couples to marry.  Washington now joins Massachusetts, Connecticut, Iowa, New Hampshire, Vermont, and New York plus the District of Columbia in allowing same-sex marriages.

Gregoire’s signature on Senate Bill 6239 completes a state journey that began in 2006, when the governor signed legislation banning discrimination based on sexual orientation in employment, housing and other areas. In 2007, Substitute Senate Bill 5336 created the state domestic partnership registry. Gregoire signed House Bill 3104 in 2008 which added additional rights and responsibilities relating to issues such as dissolutions, community property, estate planning, taxes, court process, conflicts of interest for public officials and guardianships. Legislation signed in 2009 requires state agencies to ensure that all privileges, immunities, rights, benefits, or responsibilities granted to married individuals are granted to an individual who is or was in a state registered domestic partnership.

Because Washington already allowed “everything but marriage”, the new law is expected to have no impact on employee benefits, other than changing terminology from “domestic partner” to “spouse”.  Employers should review their benefit plans to determine if any changes in terminology or substance are either appropriate or required.

Employers will need to continue to impute federal income for health benefits provided to same-sex spouses, just as they have done for domestic partners because federal law does not recognize same-sex marriages.  Similarly, since the FMLA does not recognize same-sex spouses, employees in Washington may be able to take more than 12 weeks of FMLA.  For example, if an employee takes time to care for a same-sex spouse in Washington or any other state that recognizes same-sex marriages, that does not count against the employee’s 12 weeks for federal purposes.

Reports indicate that opponents of the Marriage Equality Act intend to gather signatures to force a referendum on the law in November.  The Marriage Equality Act is scheduled to go into effect on June 7, 2012; however, it will be suspended if opponents gather enough signatures to force a referendum.

The Marriage Equality Act recognizes same-sex marriages from other states.  The Act generally eliminates the option of registering as domestic partners, unless one of the parties is at least 62 years old.  Current domestic partners in Washington will retain that status for two years, by which time they will have to marry or give up that status.  Domestic partners recognized in another state will be treated as married when they move to Washington and will have to marry within one year of becoming permanent residents of Washington State to retain that status, unless one of them is at least 62 years old.