
When voters in Washington State passed Referendum 71, the so-called "Everything but marriage" act, on November 3, 2009, they made history in more ways than one. This marks the first time that legislation to dramatically expand gay rights has been approved by a statewide vote of the people, anywhere in the US.
31 states have put "gay marriage" to a vote of the people, and in all cases, gay marriage has been defeated. In all cases where gay marriage rights have been affirmed, it has happened through judicial or legislative action. States where courts have overturned laws banning gay marriage include Iowa, Massachusetts, and Connecticut. Vermont and New Hampshire are the only states to legalize gay marriage through legislation. In California, the Supreme Court overturned a ban on gay marriage in 2008, but Proposition 8, a new law re-enacting the ban on gay marriage was passed by a vote of the people later that year.
Washington's "Everything but marriage" act was first approved by the state legislature in 2009. The bill extended the same legal protections of married couples to families headed by same-sex partners. These rights include access to school and medical records, family leave to care for sick family members, labor and employment protections, insurance and medical rights, such as hospital visitation rights, and access to pensions and benefits in the event of death or disability of a parent or spouse. The bill does not change the name of domestic partnerships to "marriage," however, so it was not a clear vote on "gay marriage." Although Washington recognizes domestic partnerships, the state currently has a "Defense of Marriage" law, banning "gay marriage." Other states which recognize domestic partnerships include Oregon, New Hampshire, and Vermont.
Opponents of the bill immediately began gathering signatures to force the issue to the ballot. The bill was put on the ballot in the form of Referendum 71. Voters were asked to vote "yes" if they supported expansion of gay rights, and "no" if they opposed. Although the votes are still being tallied, the results currently stand at about 52% in favor, 48% opposed, with trends indicating more yes votes in the final count.
The vote on Referendum 71 on November 3, 2009, marks the first time a statewide vote of the people expanded gay rights in such a manner. According to the National Gay and Lesbian Task Force and the Family Equality Council, two national gay rights groups, such a vote has never happened before. "Our state made history today," said Anne Levinson, chairwoman of Washington Families Standing Together, according to the AP. "This is a day for which we can all look back with pride."
Sources:
Gay partnership measure approved by voters
NPR: State By State: The Legal Battle Over Gay Marriage
League of Education Voters statement on Ref. 71
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