Arlington man fights "everything but marriage" gay-rights bill
Published 11:32 pm Monday, May 4, 2009
OLYMPIA — With $5 and his signature, Larry Stickney of Arlington lit the fuse on a potential political powder keg Monday.
He wants to prevent the state from granting same-sex domestic partners all the rights and benefits it now offers married couples.
To do that, Stickney filed paperwork for Referendum 71 to overturn soon-to-be-signed legislation giving same-sex domestic partners new rights involving their jobs, their work benefits and certain legal proceedings.
He calls it the “everything but marriage” bill and insists if it becomes law it will lay the foundation for a court fight aimed at making marriage legal for same-sex couples by “judicial fiat.”
“This legislation kind of tees it up for that,” said Stickney, who is president of the Washington Values Alliance. The alliance is part of a coalition of opposition that includes the Faith and Freedom Network, the Family Policy Institute of Washington, and the Christian Coalition.
Supporters say the legislation is about strengthening families and creating equal treatment, not marriage.
“I know folks are trying to scare people by calling this marriage. It isn’t. We haven’t had that discussion yet in this state,” said Rep. Marko Liias, D-Mukilteo. “This bill is about assuring every family has the tools they need to survive and are treated equally under the law.”
Opponents’ target is Senate Bill 5688, which cleared the Legislature on mostly party line votes of 30-18 in the Senate and 62-35 in the House.
If they turn in signatures of 120,577 valid voters by July 25, the referendum will earn a spot on the Nov. 3 ballot.
Gov. Chris Gregoire, who is intending to sign the bill May 18, called the filing of the referendum “unfortunate.”
“I’m proudly going to sign the bill because it embraces the values of the people of the state of Washington,” she said. “I’ll fight the referendum assuming it makes the ballot.”
Sen. Ed Murray, D-Seattle, author of the legislation, predicted the effort would fail.
“While it’s regrettable that a referendum is being filed to undo the progress we made this session to treat gay and lesbian families the same as married families, I don’t believe that voters will decide in November to take away rights from anyone,” he said in a prepared statement.
If it makes the ballot, an expensive electoral slugfest may ensue as opponents seek to knit the bill tightly with the issue of same-sex marriage.
Opponents will argue the legislation undermines existing state law banning such nuptials. They are quietly hoping for financial and political help from individuals and organizations who won passage of a measure in California banning same-sex marriages.
Gregoire doesn’t think the strategy will work.
She said “enough people” understand what’s intended and “are not going to allow them to distort the true meaning of the bill.”
Washington law known as the Defense of Marriage Act defines marriage as a union of a man and a woman. It’s been upheld by the state Supreme Court.
The proposed law does not undo that.
What it does do is vastly expand rights for domestic partnerships, which are legally defined as same-sex couples and heterosexual couples in which at least one person is 62 years or older. As of Monday, 5,324 domestic partnerships had registered in Washington.
The proposed law amends dozens of state statutes, adding the words “domestic partners” wherever references to “married spouses” are found. This affects laws governing areas such as labor and employment and pensions and other public employee benefits.
These proposed new rights, when combined with privileges gained in 2008 in the areas of probate and trusts, community property, and powers of attorney, will effectively make same-sex couples and married couples legally indistinguishable in the eyes of the state.
If the referendum is successful, same-sex domestic partnerships will remain legal but the couples will lose out on the proposed expansion of rights.
Jerry Cornfield: 360-352-8623, jcornfield@heraldnet.com.
