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social sciences

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Same-Sex Marriage  
 
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In 2009, the Democratic-controlled legislature expanded the domestic partnership law to confer on same-sex partners all the rights and responsibilities that Washington state offers to married couples. The bill passed the House by a vote of 62-35 and the Senate by a vote of 30-18.

Among the rights granted by the bill are business succession rights; victims' rights, including the right to receive notifications and benefits allowances; legal process rights; the right to use sick leave to care for a spouse; the right to wages and benefits when a spouse is injured, and to unpaid wages upon death of spouse; the right to unemployment and disability benefits; workers' compensation coverage; and insurance rights, including rights under group policies, policy rights after death of spouse, conversion rights, and continuing coverage rights.

Sponsor Message.

After the passage of the legislation by the state senate on April 15, 2009, Governor Chris Gregoire pledged to sign it as soon as it reached her desk, remarking, "Our state is one that thrives on diversity. We have to respect and protect all of the families that make up our communities."

However, a conservative organization announced that they would begin the process of gathering signatures to qualify a proposal repealing the new law. In September 2009, the Washington Secretary of State certified the signatures, despite irregularities in collecting and submitting them. The law thus was submitted to the voters in November 2009 for approval or rejection.

On November 3, 2009, voters in Washington narrowly approved the domestic partner legislation, making Washington the first state in which gay partnerships were affirmed by a popular vote.

Victory in Maine/Defeat in Maine

After a series of public hearings in which supporters and opponents passionately spoke about a proposal to permit same-sex marriage in Maine, the state legislature took up the question in the spring of 2009.

The legislature concluded their work on May 6, 2009, both houses having voted in favor of marriage equality. Within minutes of the bill reaching Governor John Baldacci's desk, the Governor signed it, ending intense speculation as to whether he might exercise his veto power.

The Governor had expressed his belief that marriage was a union of a man and woman, and there was a widespread belief that he might either veto the bill or, at best, allow it to become law without his signature. But on further reflection, Governor Baldacci reached the conclusion that he had a responsibility to sign the legislation because not to do so would undermine the constitutional principle of equal protection under the law.

Declaring that "you cannot allow discrimination to stand," the Governor endorsed marriage equality.

Maine thus became the second state to enact an equal marriage law without being forced to do so by a court decision. However, despite the legislative victory, the new law never went into effect.

Soon after Governor Baldacci signed the bill, opponents announced that they would begin the process of gathering 55,000 signatures to subject the new law to a "people's veto," or public referendum. Opponents of the law in fact submitted more than 100,000 signatures. The marriage equality law was thus suspended pending the results of a referendum in November 2009.

Despite an effective and well-financed campaign to retain marriage equality in Maine, the referendum to veto the law was passed by a 53-47 margin in the election of November 3, 2009.

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