BILL REQ. #:  H-0861.1 

Read first time 02/04/09.   Referred to Committee on Judiciary.

     AN ACT Relating to reaffirming and protecting the institution and benefits of marriage as a union between a man and a woman; amending RCW 26.04.020; adding a new section to chapter 26.04 RCW; creating new sections; repealing RCW 26.60.010, 26.60.020, 26.60.030, 26.60.040, 26.60.050, 26.60.060, 26.60.070, and 43.07.400; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   This act shall be known and cited as the Washington state defense of marriage act.

NEW SECTION.  Sec. 2   A new section is added to chapter 26.04 RCW to read as follows:
     The legislature finds that marriage has been defined throughout time as the union of a husband and wife, and that this union is fundamental and universal. Marriage provides the foundation of a harmonious family life and is the basic building block of a society. The development, productivity, and happiness of our children and new generations to come are bound inextricably to the family unit. As a result, marriage bears a significant and essential relationship to the well-being, health, and enduring strength of society as a whole.
     The legislature further finds it is a compelling interest of the state of Washington to reaffirm its historical commitment to the institution of marriage as a union between one man and one woman as husband and wife and to protect that institution. In order to secure and preserve the benefits of marriage for our generation and for future generations, only the union between a man and a woman shall constitute a legally recognizable and valid marital relationship with only spouses entitled to all the benefits of legal marriage under state law.
     The legislature further finds that same-sex partnerships are not the legal equivalent of lawful marriage and that same-sex partners should not be treated by state law the same as or similarly to legally married spouses. Giving persons in domestic partnerships all or substantially all the legal incidents of lawful marriage under state law not only denigrates the historical understanding of the institution of traditional marriage as being between a man and a woman, but also creates the legal equivalent of the marital union itself without using the term "marriage" and subjects the state of Washington to potential litigation by same-sex partners demanding that the courts impose same-sex marriage.
     The legislature notes with serious concerns that the California supreme court recently imposed same-sex marriage in that state by finding that the failure to designate the official relationship of same-sex couples in domestic partnerships as "marriage" violated the California constitution. In doing so, the California supreme court noted that under that state's comprehensive domestic partnership legislation a same-sex couple could enter into a legal relationship that afforded the couple virtually all of the same substantive legal benefits and privileges, and imposed upon the couple virtually all of the same legal obligations and duties, that California law afforded to and imposed upon a married couple. The court then held that the California constitution prohibited the state from establishing a statutory scheme in which both opposite-sex and same-sex couples are granted the right to enter into an officially recognized family relationship that affords all of the significant legal rights and obligations traditionally associated under state law with the institution of marriage, but under which the union of an opposite-sex couple is officially designated a "marriage" whereas the union of a same-sex couple is officially designated a "domestic partnership." Therefore, the legislature intends by this act to repeal, nullify, or void all provisions, applications, or effects of domestic partnerships as established in chapter 6, Laws of 2008 and chapter 156, Laws of 2007.

Sec. 3   RCW 26.04.020 and 1998 c 1 s 4 are each amended to read as follows:
     (1) Marriages in the following cases are prohibited:
     (a) When either party thereto has a wife or husband living at the time of such marriage;
     (b) When the husband and wife are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law; or
     (c) When the parties are persons other than a male and a female.
     (2) It is unlawful for any man to marry his father's sister, mother's sister, daughter, sister, son's daughter, daughter's daughter, brother's daughter or sister's daughter; it is unlawful for any woman to marry her father's brother, mother's brother, son, brother, son's son, daughter's son, brother's son or sister's son.
     (3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a), (1)(c), or (2) of this section.
     (4)(a) The uniting of two persons into some form of nonmarital domestic relationship, including any civil union, domestic partnership, reciprocal beneficiary, or other similar relationship, is not legally recognizable or valid in this state.
     (b) A person united in some form of nonmarital domestic relationship, including any civil union, domestic partnership, reciprocal beneficiary, or other similar relationship, shall not qualify for, or receive, any spousal, familial, or marital right, benefit, privilege, advantage, attribute, incident, immunity, or entitlement, or otherwise, or any equivalent thereof, that is paid for, directly or indirectly, in whole or in part, with state funds.
     (c) The state does not create or recognize a legal status for persons united in some form of nonmarital domestic relationship, including any civil union, domestic partnership, reciprocal beneficiary, or other similar relationship, that intends to or does approximate the design, qualities, significance, or effect of marriage, or extends or confers the legal incidents thereof, including any spousal, familial, or marital right, benefit, privilege, advantage, attribute, incident, immunity, or entitlement, or otherwise, or any equivalent thereof, that is authorized or recognized by law, or is paid for, directly or indirectly, in whole or in part, with state funds.
     (d) Nothing in this section prevents or shall be construed as preventing private parties from contracting between and among themselves for any right, benefit, privilege, advantage, attribute, incident, immunity, or entitlement, or any equivalent thereof, that is not otherwise expressly prohibited by law.

NEW SECTION.  Sec. 4   A state registered domestic partnership that has been created prior to the effective date of this act is hereby declared null and void and of no legal effect. Any references in state law regarding state registered domestic partnership or state registered domestic partner are hereby declared null and void and of no legal effect.

NEW SECTION.  Sec. 5   The code reviser shall note wherever state registered domestic partnership or state registered domestic partner is used or referred to in state law that the underlying statutes creating state registered domestic partnerships have been repealed. The code reviser shall prepare legislation for the next session following the 2009 regular session that removes all statutory references to state registered domestic partnerships or state registered domestic partners.

NEW SECTION.  Sec. 6   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 7   The following acts or parts of acts are each repealed:
     (1) RCW 26.60.010 (Legislative findings) and 2007 c 156 s 1;
     (2) RCW 26.60.020 (Definitions) and 2007 c 156 s 2;
     (3) RCW 26.60.030 (Requirements) and 2007 c 156 s 4;
     (4) RCW 26.60.040 (Registration -- Records -- Fees) and 2007 c 156 s 5;
     (5) RCW 26.60.050 (Termination -- Records -- Fees) and 2008 c 6 s 1002 & 2007 c 156 s 6;
     (6) RCW 26.60.060 (Domestic partnerships created by subdivisions of the state) and 2007 c 156 s 7;
     (7) RCW 26.60.070 (Patient visitation) and 2007 c 156 s 8; and
     (8) RCW 43.07.400 (Domestic partnership registry -- Forms -- Rules) and 2007 c 156 s 3.

NEW SECTION.  Sec. 8   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.