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New beginnings for an old tradition

Washington state legislators come together to address the issue of legalizing same sex marriage

Staff Reporter

Published: Tuesday, January 17, 2012

Updated: Wednesday, January 18, 2012 18:01

Gov. Christine Gregoire decided it was time to focus attention on an American civil inequality by proposing a bill which may make Washington the seventh state to legalize same-sex marriage.

If it passes, Senate Bill 6239 would make all civil marriages, including former domestic partnerships, equal.

The 60-day legislative session, which began Jan. 9, shows promise for the bill passing, with 23 lawmakers committing to a yes vote, 18 in opposition and eight currently uncommitted. The bill requires 25 votes to pass.

Republican State Sens. Steve Litzow of Mercer Island and Cheryl Pflung of Maple Valley are the only two Republicans to step forward and sponsor the bill so far.

"I don't feel diminished when another human being is allowed to exercise the same rights that I enjoy," Pflung told the Associated Press. "I would feel diminished if I voted to deny others the right to exercise those same rights and freedoms."

This opinion is not shared by all conservative politicians. Rep. Ed Orcutt, R-Kalama, told The Independent that homosexuals already enjoy all of the same rights as married couples, just under a different title.

Although domestic partnerships share equal rights when dealing with the individual, same-sex couples still have some disadvantages that married couples do not, such as no tax breaks, an inability to combine income, a lack of shared property rights and the missing satisfaction of being able to call themselves a married couple.

According to Orcutt, since equal rights have been established already, there is no need to further address the topic. "So, since no one is being denied rights, I think it is time to address the issues which have not been resolved by the legislature -- the budget deficit and job creation," he said.

Some studies have found evidence that suggests legalizing same-sex marriage would greatly benefit a state's economy. The Williams Institute released a study in December showing that same-sex marriage, after being legalized, boosted state and local economy in Iowa by an estimated $12 million from weddings and tourism alone. New York state senators predict an increase of $310 million in revenue over the next three years from taxes, license fees, and tourism related to same-sex marriage.

Joseph Hardine lll, a self-proclaimed activist and openly-gay male, said that the passing of this bill may finally bring him some long-overdue peace of mind. "It's truly of monumental importance, to me, that if I were to commit my mind, body and spirit to one person 'till death, the one person I love, I would like it to at least match the same commitment that other marriages have," said Hardine lll. "As Governor Gregoire said, what are we to tell children of same-sex couples? That their parents' love is lesser than the parents of opposite sex couples? That their family is different in such a way that they don't get the same benefits and help opposite sex parented families have access to? What kind of message are we sending to LGBT youth, if we are to consistently deny marriage equality?"

Many conservative religious groups fear that legalizing same-sex marriage would force churches to conduct weddings against their will.

"I have concerns that churches who may be opposed to homosexuality may be forced to perform marriages for homosexual couples," said Orcutt.

Although section seven of SB-6239 states that no religious organization shall be forced to provide facilities or services related to the solemnization of marriage, the language implies that the organization may be forced to provide services to the public if the organization offers services to the public for a fee or for sale.

However, the Supreme Court decision in the case of Presbyterian Church in the United States et al., Petitioners, v. Mary Elizabeth Blue Hull Memorial Presbyterian Church et al. on Jan. 27, 1969 ruled that church officials have "power to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine." In effect, church officials are not required to perform a wedding if it disagrees with their religious ideals.

Same-sex marriage rights were first made legal in Massachusetts in May of 2004. Other states and districts that have legalized same-sex marriage are Connecticut, Washington D.C., Iowa, New Hampshire, Vermont and, most recently, in June of 2011 in New York. In addition to Washington, New Jersey and Maine may also see this issue made into state law sometime soon.

"I think it's important for us to put a lot of these civil rights issues behind us," said Dr. Marylynne Diggs, instructor and faculty adviser to the Queer Penguins and Allies club at Clark. "When we are continuing to debate on issues of same-sex marriage and issues of equality, we're sidetracking ourselves from other things we could be focusing on."

For some, it seems like a small thing to be hung up on, but same-sex marriage rights have large implications for those who seek its benefits, Diggs explained. "Everything from survivor benefits, military benefits, the right to visit your significant other in the hospital, and inheritance of property; without marriage, those things don't come automatically."

In addition to personal costs, money spent by the state through lawsuits in order to continue denying these rights can be substantial. "Once you have equality the civil rights cases don't emerge, and it saves the state a lot of money," said Diggs.

According to the first openly-gay elected official in the state of Washington, Rep. Jim Moeller, D-Vancouver, many same-sex couples lack an understanding from the community when they cannot truly define themselves as married. "When you say you're a domestic partner, no one really knows what you mean. They do know when you say you're married," said Moeller.

"There's not a lot of tolerance among the public for continuing to resist this change. Most people see this as a change that's coming," Diggs said. "It's just a matter of how much money you want to spend delaying it."

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