LGBT Rights in Washington State

There have been many changes in recent years in the United States regarding lesbian, gay, bisexual and transgender rights. Certain states, such as Washington State, have provided members of the LGBT community with rights for a longer period of time.

Laws Against Homosexuality

For many years, most states had laws against sodomy. Washington State, however, repealed its sodomy laws in 1976. Sodomy laws are laws that prohibit sexual activities between individuals of the same sex or laws that prohibit certain specific sexual activities regardless of the sex of the individuals involved.

Recognition of Same-Sex Marriages

There was a long battle on the road to the legalization of same-sex marriage in Washington state. In 2001, Washington State passed a law that state employees in same-sex relationships would be provided with benefits for their partners.

In 2007, the state then permitted same-sex domestic partnerships and recognized same-sex unions from other states.

In 2011, Washington State legalized same-sex marriage and provided spouses in same-sex marriages with the same benefits and rights of couples in heterosexual marriages. While the State of Washington was on the leading edge of the same-sex marriage issue, the rest of the nation was involved with the Supreme Court case Obergefell v Hodges in 2015.

In Obergefell, the Court held that it is a violation of both the due process clause and the equal protection clause to deny same-sex couples the fundamental right to marriage. Although the State of Washington has its own laws in place regarding same-sex marriages in 2011, the state is now bound by the Supreme Court decision recognizing same-sex marriage.

Adoption

There is no discrimination in Washington State against same-sex couples when it comes to adoption. A same-sex couple is allowed to apply for an adoption as a married couple.

Same-sex couples are also allowed to adopt each other’s children. In other words, stepparent adoptions by same-sex couples is permitted.

Washington State also allows infertility treatments, for example IVF, to be covered by insurance for lesbian couples.

Discrimination Laws for LGBT Individuals

In general, it is illegal for an employer to discriminate on the basis of certain characteristics, including:

• Age;
• Race;
• Religion;
• Sex; and
• Other categories.

In addition to the characteristics listed above, there have been a number of laws passed that increase equal rights for members of the LGBT community and those who identify as LGBT.

There are both federal and state laws that provide more legal rights and protections and address LGBT discrimination, including:

• Hate Crime Prevention Act: The Hate Crimes Prevention Act used to limit violence only associated with race and religion. This law is now extended to:
  • sexual orientation;
  • gender; and
  • disability;
• Privacy: Under the Supreme Court case of Lawrence v Texas, sodomy laws are generally prohibited by the federal government;
• Military service: In 2011, “Don’t Ask, Don’t Tell” policies were stuck down. LGBT individuals can now serve openly in the military branches;
  • It is important to note that the status of transgender military members is currently being litigated and is unclear;
• Housing: In the year 2012, a federal agency issued a regulation to prohibit LGBT discrimination in federally-assisted housing programs to prevent housing discrimination. However, each state has its own sets of laws that may apply to private housing discrimination and how it applies to LGBT individuals; and
• Marriage: In 2014, the United States Supreme Court held in the landmark case, Obergefell v. Hodges, that denying same-sex couples the right to marry violated a fundamental right and, therefore, was unconstitutional;
  • Under this case, same-sex marriage is now generally lawful throughout the U.S.

Members of the LGBT community are at the forefront of lobbying the federal government to provide the same civil rights that are afforded to:

• Racial minorities;
• Women;
• The disabled; and
• The elderly.

The LGBT community often works in conjunction with the American Civil Liberties Union (ACLU) and other advocacy groups. Many states, including Washington State, began expanding LBGT rights well before the federal government weighed in on the issue.

The passage of these types of federal laws paves the way for more states to pass similar laws. Each year, the LGBT community enjoys more legal protections.

Beginning in 1991, the State of Washington made it illegal to discriminate against LGBT individuals in public employment. In 2006, Washington House Bill 2661 was passed, adding additional protections.

This bill make it illegal to discriminate against any LGBT individual related to:

• Housing;
• Employment; or
• Insurance.

LGBT Hate Crimes in Washington

In the State of Washington, it is against the law to commit violence against an individual specifically because they are a member of the LGBT community.

The law also prohibits excessive malicious harassment that is based on the individuals:

• Race;
• Color;
• Religion;
• Ancestry;
• National origin;
• Gender;
• Mental, physical, or sensory disability; or
• Sexual orientation.

This may include actions such as:

• Causing physical injury to the individual;
• Causing damage to the individual’s property; or
• Threatening the individual based on their sexual orientation or other characteristics listed above.

Gender Identity and Expression Laws

Any individual who has a gender identity that they were not born with may apply to have their birth certificate and driver’s license reflect their accurate gender identity. In addition, the Washington State allows individuals to use the restroom that best fits their gender expression.

Initiative 1552 was brought up in 2017 to push back against Washington’s Human Rights Commission that allows any individual, regardless of their gender, access to locker rooms, showers, spas, and restrooms based on their gender expression or identity. Initiative 1552 requires schools to maintain separate facilities for boys and girls.

In general, transgender individuals have a different gender identity or express their gender differently from the sex that is listed on their birth certificate. Washington state transgender laws allow an individual to obtain a certified copy of the legal order changing their name and send it to the Department of Health, Center for Health Statistics along with their birth certificate.

A new birth certificate is issued after all of the documentation is received. If an individual wishes to change their gender marker on their birth certificate, they may also make that request with the Department of Health.

If the request is denied, an individual may appeal that decision in court.

Are LGBT People Further Protected Against Hate Crimes?

The Hate Crimes Prevention Act was previously limited to violent incidents that were associated with race or religion. The Matthew Shepard Act, however, extends basic hate crime protections to include violence that is based on:

• Sexual orientation;
• Actual or perceived gender;
• Gender identity; or
• Disability.

This Act provides federal financial and technical assistance to state and local law enforcement agencies. This is intended to help them investigate and prosecute hate crimes.

Since the Federal Bureau of Investigation (FBI) first began gathering hate crime statistics, more than 9,700 hate crimes based on sexual orientation have been reported. Since 1991, hate crimes reported that were based on sexual orientation and identity have more than tripled.

These crimes consistently rank as the third-highest category after race and religion. The Act was first applied to convict an individual for running a group of men off the road in 2011.

2016 was the first year the Act was used to prosecute an individual for a crime against a transgendered person.

Do I Need a Family Lawyer?

If you believe your rights have been violated or if you are concerned about a potential issue arising, it is important to consult with a Washington family lawyer. Your lawyer can advise you of your rights in the State of Washington, help you protect those rights and advocate on your behalf.