Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 2482

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to recognizing legal unions from other states as state registered domestic partnerships.

Brief Description: Recognizing legal unions from other states as state registered domestic partnerships.

Sponsors: Representatives Pedersen, Chase, White, Appleton, Upthegrove, Carlyle, Simpson, Kagi, Nelson, Kenney, Ericks, Hudgins, Hunter, Hasegawa, Ormsby, Springer and Santos.

Brief Summary of Bill

  • Provides that validly formed same-sex marriages from other jurisdictions will be recognized as state-registered domestic partnerships.

Hearing Date: 1/13/10

Staff: Trudes Tango (786-7384).

Background:

To enter into a state-registered domestic partnership, the two persons involved must:

(1) share a common residence;

(2) be at least eighteen years of age;

(3) not be married to someone other than the other person and not be in a state registered domestic partnership with another person;

(4) be capable of consenting to the domestic partnership;

(5) not be nearer of kin to each other than second cousins or be related in other ways; and

(6) either be members of the same sex or at least one of the persons must be sixty-two years of age or older.

A legal union of two persons of the same sex, except for a same-sex marriage, that is validly formed in another jurisdiction and that is substantially the same as a state-registered domestic partnership is recognized as a domestic partnership in this state. For purposes of state law, state-registered domestic partners must be treated the same as married spouses to the extent there is no conflict with federal law.

Various states have enacted laws establishing civil unions and domestic partnerships for same-sex couples. Currently, five states allow same-sex couples to marry.

Summary of Bill:

A same-sex marriage validly formed in another jurisdiction and that is substantially equivalent to a state-registered domestic partnership shall be recognized as a valid state-registered domestic partnership in Washington.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.