Op-Ed: Washington State Senate passes gay marriage legislation

Washington State may become the seventh state of the United States to implement same-sex marriage. In a landmark vote, 28-21, the Senate passed the first legislation to give rights to same-sex couples all rights and privileges afforded to heterosexual couples – the right to marriage. In light of this information, the Seattle Multi-Faith examiner would like to ask for your thoughts and comments on the premise behind the recent decision from the Senate; including how this will affect the faith community throughout Seattle, and all of Washington State.

History of HB-6239

Originally introduced during the 62nd Legislature of the 2012 Regular Session, this particular bill garnered support by several representatives. The premise of the bill would provide a clear understanding of overcoming any discrimination toward those couples who wish to marry, but are legally prevented from enjoying the same privileges and rights that are afforded to those who hold to a more traditional value of marriage. It also establishes protections already granted unde r the US Constitution and Washington State Constitution regarding the freedom of religion. From the bill itself:

AN ACT Relating to providing equal protection for all families in Washington by creating equality in civil marriage and changing the domestic partnership laws, while protecting religious freedom; amending…

The bill goes on to define what they consider a civil marriage and the right of the State to provide applicable laws pertaining to the stability of individuals within defined relationships under this definition.

What the law will protect and cover

Within the first section of the bill, the State establishes the intent of this particular bill. That intent being the need to end discrimination in marriage based on gender and sexual orientation in Washington. In addition, the state would recognize, through the provisions of this law, that same sex couples will enjoy the freedom to marry on equal terms. Moreover, the bill also exempts clergy who perform marriages from violating their fundamental principles and ethics where they believe in traditional marriage, to include the recognition of such marriages.

Bases for the forthcoming law

An interesting aspect of this is a previous bill known as HB 1963 regarding the claim of how the State of Washington has a proud tradition of respect for the principle that no human being should be denied his or her full rights and responsibilities under the law. Through this law, the hope is that approximately sixteen thousand couples who are in a domestic partnership with one another because of same-sex relations would now have the opportunity to enter into these civil unions and have the same rights and privileges of their heterosexual neighbors. It is further explained that the view of discrimination against civil union of same-sex couples poses more harm by excluding same-sex couples who are in a long-term committed relationships to lack those benefits afforded to traditional marital unions. This includes those things where the current domestic partnership laws fall short. In short, the harm of discrimination is through the denial of those same-sex couples’s specific equal rights and responsibilities under state and federal law. Furthermore, the bill provides an assessment of at least four hundred twenty-three Washington State statues in which rights, benefits, or obligations depending upon marital status are conferred on traditional marital unions but unavailable to Washington’s same sex couples; despite the domestic partnership laws in place. The discrimination also excludes same sex couples from public recognition and affirmation that civil marriage confers on other couples, and the opportunity to express their mutual dedication through the uniquely recognized rituals of marriage.

State domestic partnership laws will still be enforced

The previous bill - HB 1963 - also reflects that those same sex couples, who will enter into an official civil union contract with one another, will still have the benefits of the previous domestic partnership laws that had previously been enacted. This is because many states in the union do not recognize civil marriages of same sex couples:

Washington’s reciprocity statute recognizes domestic partnerships created in other states. Therefore, to protect Washington citizens traveling to other states and to allow Washington to continue recognizing domestic partnerships created in other states, the legislature intends to retain Washington’s domestic partnership statutes until there is consistency throughout the states that provide adequate protection for Washington State citizens.

Under this particular provision, the State will recoginize those who are not residents of Washington their particular domestic partnership laws, while giving allowance to same sex couples who recieve a civil union marriage to enjoy the domestic partnership laws where they may travel to a state that does not recognize their marriage.

The Religious and Faith Community

The bill does provide the following exemption regarding civil unions of same sex couples. This exemption enforces the fundamental First Amendment right afforded under the Constitution where those who oppose same sex marriage will not be retaliated against, or forced to comply with the laws:

No regularly licensed or ordained minister or any priest, imam, rabbi, or similar official of any church or religious denomination is required to solemnize any marriage. A regularly licensed or ordained minister or priest, imam, rabbi, or similar official of any church or religious denomination shall be immune from any civil claim or cause of action based on a refusal to solemnize any marriage under this section. No state agency or local government may base a decision to penalize, withhold benefits from, or refuse to contract with any church or religious denomination on the refusal of a person associated with such church or religious denomination to solemnize a marriage under this section..

While this does address the fear that some same sex couples may impose, and even pursue legal action for discriminatory actions against individuals of different religious faiths for not performing a marriage ceremony; those of the various faith communities that are in opposition to the passage of this bill may still oppose the sanctioning of such civil unions. Meaning, while there are some within the faith community in support of Gay marriage, there are others who speak out against it and possess a fear of retribution against them for their right to hold to their convictions.

Thoughts, comments and perspectives

Gay marriage is a hotbed topic where there is animosity, bitterness, anger, and resentment on both sides of the issue. From a faith perspective, one views that such unions are in opposition to what God has decreed and sanctioned for our existence and perpetuation of the human race. On the other hand, many view such convictions and perspectives on out-dated- beliefs, and/or misinterpretation of scripture. To the LGBT community, this is one more victory toward equality. To those within various faiths that make up our diverse community, it is one more step to religious bigotry, oppression, and denial of our fundamental constitution right to speak out openly about such moral issues.

No matter one’s perspective, the law that has passed the Senate now stands to go through the House of Representatives here in Washington State. By the end of next week, the current laws on Civil Unions and marriage maybe redefined to include same sex marriages that ought to be recognized throughout our state. In addition to this, whether one views this as a victory of for equality or a battle of morality, the reality is that our society is changing with these new public policies being enacted into law. How we personally decide to accept or reject such things will continue to divide us even further.

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