Washington State Makes History with Marriage Equality Law

Governor’s Signature Puts State on the Road to Fairness for All Families

February 13, 2012 Washington state Gov. Christine Gregoire signed her signature of the historic bill extending marriage to gay and lesbian couples. 

Pending the referendum process, Washington now joins six other states – Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont – plus the District of Columbia in recognizing marriage for gay and lesbian couples under state law.  At this time, 8 states—California, Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island—provide same-sex couples with access to the state level benefits and responsibilities of marriage, through either civil unions or domestic partnerships.

Colorado, Maine, and Wisconsin provide same-sex couples with limited rights and benefits. Maryland recognizes marriages of same-sex couples validly entered into outside of the jurisdiction. California recognized marriage by same-sex couples between June and November of 2008, before voters approved Proposition 8, which purports to amend the state constitution to prohibit marriage equality. Couples married in that window remain married under California law, but all other same-sex couples can only receive a domestic partnership within the state. The state will recognize out of state same-sex marriages that occurred before November 5, 2008 as marriages and those that occurred on or after November 5, 2008 somewhere between domestic partnerships and marriage. The Proposition 8 vote has been struck down in federal court, but the decision has been stayed on pending review.

Same-sex couples do not receive federal rights and benefits in any state.  

California: Same-sex marriages that took place between June 16, 2008 and Nov. 4, 2008 continue to be defined as marriages. On Oct. 12, 2009, Gov. Schwarzenegger signed into law a bill that recognizes out-of-jurisdiction same-sex marriages that occurred between the June to Nov.2008 time frame as marriages in California, and all other out-of-jurisdiction same-sex marriages as domestic partnerships. 

Maine: Gov. John Baldacci signed marriage equality legislation May 6, 2009. However, the new law was repealed by a ballot measure in November 2009. 

Maryland: does not have a registry but does provide certain benefits to statutorily defined domestic partners. Also, in 2010, the Maryland Attorney General issued an advisory opinion declaring that the state can recognize out-of-jurisdiction marriages. 

New Mexico: In Jan. 2011, the New Mexico Attorney General issued an advisory opinion declaring that the state can recognize outof-jurisdiction same-sex marriages. At this time, it is unclear what affect this opinion will have.  

Wyoming: On June 6, 2011, the Wyoming Supreme Court decided Christensen v. Christensen, ruling that Wyoming trial courts have the ability to hear divorce proceedings terminating same-sex marriages created in other jurisdictions.

California: Same-sex marriages that took place between June 16, 2008 and Nov. 4, 2008 continue to be defined as marriages. On Oct. 12, 2009, Gov. Schwarzenegger signed into law a bill that recognizes out-of-jurisdiction same-sex marriages that occurred between the June to Nov.2008 time frame as marriages in California, and all other out-of-jurisdiction same-sex marriages as domestic partnerships.