LGBT rights in Washington (state)

Legality of same-sex sexual activity

Washington repealed its laws that criminalized consensual sodomy in June 1975.

Recognition of same-sex relationships

Since 2001, Washington state has provided benefits to same-sex partners of state employees.

The state adopted a statute defining marriage as the union of a man and a woman in 1998. In the 2006 case Andersen v. King County, the Washington Supreme Court upheld the constitutionality of that law. Since 2007, Washington state has recognized its own state-registered domestic partnerships, which are considered equivalent to the domestic partnerships, civil unions, and marriages of same-sex couples in other jurisdictions. It has also recognized same-sex civil unions and domestic partnerships established in other jurisdictions since then.

Since 2011, Washington state has recognized same-sex marriages performed elsewhere as the equivalent of its own domestic partnerships.

Governor Chris Gregoire signed Washington's law authorizing same-sex marriages on February 13, 2012, but opponents gathered enough signatures to force a voter referendum on the legislation. Voters approved the law in the November election by a margin of 54% to 46%. Same-sex marriages have been recognized by the state since that law took effect on December 6. The law also provided that Washington's registered domestic partnerships convert automatically to marriages on June 30, 2014, if not dissolved before that date.

Adoption and parenting

Washington state law permits a legally competent adult to petition to adopt without respect to marital status. Same-sex couples can adopt jointly and can arrange second-parent adoptions as well.

Additionally, lesbian couples are allowed to access IVF in the state.

Federal income tax

The Internal Revenue Service ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages. Couples with registered domestic partnerships in Washington, a community property state, must first combine their annual income and then each must claim half that amount as his or her income for federal tax purposes. However, filing such returns precludes electronic filing, and Washington has no state income tax independently justifying a complex filing. In certain circumstances, the IRS allows affected couples to disregard community property rules. Since April 2011, Washington has recognized same-sex marriages performed in other jurisdictions as equivalent to its domestic partnerships, with the result that community property rules now apply to these couples as well, when residing in Washington.

Discrimination protections

Washington state law prohibits discrimination based on sexual orientation and gender identity or expression. The protections were added in 2006 with Washington House Bill 2661. Discrimination based on sexual orientation in public employment was already prohibited since 1991 by an executive order of Governor Booth Gardner.

On March 7, 2014, Mark Zmuda filed a lawsuit in King County Superior Court against Eastside Catholic School and the Archdiocese of Seattle charging illegal termination of his employment as an assistant principal and swimming coach at the school in December 2013 after his same-sex marriage entered into the previous July became known to school officials. The Archdiocese was named as a defendant because it has no direct authority over the school but, according to the complaint, ordered his dismissal.

In February 2015, a court awarded Washington Attorney General Bob Ferguson a $1,000 fine against florist Barronelle Stutzman for refusing to sell to a same-sex wedding. In February 2017, the fine was upheld by the unanimous Washington Supreme Court, which held that the florist had no right under the U.S. Constitution’s Free Exercise Clause or Free Speech Cause to refuse to participate in the wedding.

Hate crime laws

Washington state law criminalizes "malicious harassment" and violence against individuals because of sexual orientation and gender identity or expression.

Gender identity and expression

In order for a transgender person in Washington to change their legal gender on their birth certificate, they must submit to the Washington State Department of Health: a copy of the current birth certificate, a certified copy of a name change court order, a completed Court Order Legal Name Change Request Form and a letter from the requestor stating the following information, as listed on the current birth certificate: name, date of birth, place of birth and names of parents. Furthermore, transgender persons may also change their gender on their driver's license and identification cards.

In February 2016, the Washington State Senate voted 25-24 to defeat a bill that would have repealed a new rule issued by the state's Human Rights Commission that allows transgender people to use public restrooms that correspond with their gender identity. One Democrat voted in favor of repealing the new rule, while 3 Republicans voted against repealing it. Following the bill's defeat, supporters began collecting signatures to have the issue on the ballot in November 2016. However, in July, it was reveled that not enough signatures had been collected.

Conversion therapy

On February 13, 2014, the state House of Representatives voted 94-4 in favor of a bill that would prohibit health care providers from trying to change the sexual orientation of minors. The state Senate, controlled by the Majority Coalition Caucus, took no action on the legislation.

Another bill was introduced in 2015. It passed the Senate in March. The House then approved a modified version of the bill in a 60-37 vote. However, in April, the Senate voted 27-22 to refuse to consider the modified bill.

Local bans

On August 1, 2016, Seattle voted to ban conversion therapy on minors. The ban was sponsored by Commissioner Lorena González and was unanimously approved by all other eight city commissioners. Mayor Ed Murray signed the ordinance, Seattle Municipal Code 14.21, on August 3 and it took effect on October 2, 2016.