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Domestic Partnerships in Washington
Types of Unions for Same-Sex Couples
In the U.S., issues of family law are almost entirely governed by individual states. The federal government rarely intervenes in such matters. Accordingly, the decision whether or not to recognize same-sex marriage rests with the states, leading to a national patchwork of laws relating to same-sex marriage and other legal unions for same-sex unions.
Domestic Partnerships in Washington
The state of Washington bans the recognition of same-sex marriage. However, since 2007, Washington has recognized legal unions for same-sex couples which provide many of the rights and responsibilities of marriage, but go by the name of “domestic partnerships”.
When the state legislature first allowed for domestic partnerships, they provided same-sex couples with only 11 enumerated rights and responsibilities, out of the hundreds that married couples enjoy.
Between 2007 and 2009, the number rights provided by domestic partnerships has steadily increased.
Finally, in November of 2009, the voters of Washington approved Referendum 71, known as the “everything but marriage” law, which provides all the rights and responsibilities as marriage to same-sex domestic partnerships.
In Washington, same-sex couples, and opposite-sex couples (where at least one of the partners is over 62 years of age) can enter domestic partnerships.
Federal Issues
The federal Defense of Marriage Act (DOMA) was passed by Congress in 1996. This law prohibits the federal government from recognizing marriages or domestic partnerships for same-sex couples, even if they are valid in a particular state.
This means that same-sex marriages or other partnerships for same-sex couples recognized by individual states are not recognized by the federal government, meaning that individuals in such partnerships will be treated as unmarried for purposes of federal law. This is a major departure from the federal government’s ordinary policy of deferring to the marriage laws of individual states.
Furthermore, entering into any same-sex legal union is treated by the military as an admission of homosexuality, and therefore triggers its “don’t ask, don’t tell” policy, and could result in a discharge from the military. If you or your partner currently serve in the armed forces, this is an important consideration.
Do I Need a Lawyer?
Because the situation regarding same-sex marriage in the U.S. is complicated by a lack of federal recognition, and a patchwork of varying state laws, figuring out exactly what rights and responsibilities are afforded by domestic partnerships in Washington can be confusing. Accordingly, if you have any questions about the rights of you or your partner in this area, you should get in touch with a Washington attorney who specializes in family law.
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