[atlas:bill]

AN ACT Relating to prohibiting the state from granting domestic partner benefits; adding a new section to chapter 41.05 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. Marriage is a unique legal and social institution that forms an indispensable basis for healthy families which, in turn, are the fundamental units of a sound society. As such, the law protects and supports the marital relationship and families by recognizing and providing a unique set of benefits, privileges, advantages, entitlements, and rights on behalf of spouses and family members.

Same-sex partnerships are not the legal equivalent of lawful marriage and same-sex partners should not be treated the same as or similarly to legally married spouses. It is a compelling interest of the state of Washington to reaffirm its traditional commitment to marriage and to preserve the unique benefits that apply to marital and familial relationships.

NEW SECTION. Sec. 2. A new section is added to chapter 41.05 RCW to read as follows:

(1) No person living in a domestic relationship, other than a relationship recognized as a valid marriage within the state of Washington, may be recognized by the state, in law or otherwise, as a legal spouse, or as constituting a family or marital community, for the purpose of qualifying for, or receiving, any spousal, familial, or marital benefit, privilege, advantage, or entitlement, or any equivalent, that is paid for, directly or indirectly, in whole or in part, with state funds, or whether no state funds are used.

(2) The state of Washington may not enact, implement, or enforce any policy that recognizes, in law or otherwise, a person living in a domestic relationship, other than a relationship recognized as a valid marriage within the state of Washington, as a legal spouse, or as constituting a family or marital community, for the purpose of any person being qualified for, or being granted, any spousal, familial, or marital benefit, privilege, advantage, or entitlement, or any equivalent, that is paid for, directly or indirectly, in whole or in part, with state funds, or whether no state funds are used.

(3) Current or potential status as a person residing or living in a domestic relationship, other than a relationship recognized as a valid marriage within the state of Washington, shall not be considered by the state, in law or otherwise, and shall not be used by the state as any basis for qualifying any person for or recognizing any person as qualified for, or for any person to receive or to be granted, any benefit, privilege, advantage, or entitlement, or any equivalent, that is paid for, directly or indirectly, in whole or in part, with state funds, or whether no state funds are used.

(4) Benefits, privileges, advantages, and entitlements include but are not limited to, the following: Housing, health care, and insurance.

(5) Any action taken that is prohibited under this section is void and unenforceable.

(6) This act is remedial in nature and is retroactive in scope and effect from July 31, 1997.

NEW SECTION. Sec. 3. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between this act and any other provision of state law, the provisions of this act shall govern.

NEW SECTION. Sec. 4. 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. 5. This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and takes effect immediately.