And then there were seven: Washington Gov. Christine Gregoire (D) on Feb. 13 signed a measure making same-sex marriage legal in that state. Washington joins Massachusetts, Vermont, New Hampshire, Connecticut, New York, Iowa and the District of Columbia as U.S. jurisdictions with that distinction. The Washington law goes into effect on June 7.
The Washington State Senate passed S. 6239 on Feb. 1 in a 28-21 vote; the state House of Representatives followed suit in a 55-43 vote one week later.
The measure forbids anyone with a domestic partner to marry, unless that partner is the other party to the marriage. It also forbids anyone to marry a parent, grandparent, sibling, aunt, uncle, child, niece, nephew or first cousin.
The new law recognizes same-sex marriages entered into in other jurisdictions as long as they do not violate the guidelines Washington’s measure has set.
Washington State has allowed qualifying adults to enter into domestic partnerships since 2007. The new law says that domestic partnerships that have not been dissolved or converted into marriages by June 30, 2014, will automatically be converted into marriages by that date.
The measure exempts churches and religious organizations from being required to perform or recognize same-sex marriages. It also protects them from being required to provide accommodations, facilities, services and goods related to such marriages. It does not, however, contain the same protections for private businesses that provide services related to weddings.
Opponents including Rep. Matt Shea (R-Spokane Valley) expressed disappointment in the narrowness of the exemptions, and also that the measure did not include a clause allowing a referendum on the matter. Shea said that he thought the citizens of Washington state should have the final say.
Coast to Coast
The debate is occurring on the other side of the country as well. Maryland Gov. Martin O’Malley (D) on Feb. 10 testified at a joint hearing of the Judiciary Committee and the Health and Government Operations Committee of the Maryland House of Delegates. O’Malley, a supporter of same-sex marriage, spoke urged lawmakers to support legislation before the Maryland House and Senate that would allow same-sex marriage in that state.
But the Maryland legislation faces an uncertain future, even if the legislature passes it and O’Malley signs it into law. Del. Michael A. McDermott (R-Worcester) wants the bill put before voters in a statewide referendum, and Del. Don H. Dwyer (R-Anne Arundel) is proposing an amendment to the state constitution that would define marriage as only occurring between a man and a woman.
And in New Jersey, the state Senate on Feb. 13 in a 24-16 vote approved a bill to make same-sex marriage legal in the Garden State. The state Assembly is scheduled to vote on the measure on Feb. 16.
Unlike Maryland and Washington State, New Jersey’s governor is against such legislation and has pledged to veto it if it reaches his desk. Gov. Chris Christie (R) also is among those in New Jersey who would like to see the measure go to the voters in a statewide referendum.
What this Means for Employers
Employers in Washington State have just over three months to adjust their policies, plans and documents to accommodate the state law making same-sex marriage legal. But employers there must remember that while same-sex marriage is legal in Washington State, federal law and regulation do not recognize same-sex marriage and same-sex spouses. Therefore, employers in Washington State will have to contend with the added complexity of treating same-sex spouses differently for purposes of state law and federal law.