OLYMPIA — The bill to make Washington the seventh state to legally recognize same-sex marriages goes to a vote in the state House of Representatives starting at 1 p.m. Wednesday.
Senate Bill 6239 already passed the Senate last week on a 28-to-21 vote. Gov. Chris Gregoire requested the measure and is expected to sign it soon.
The historic House vote in Olympia comes as gay-marriages advocates won another round in court today in a California case.
In a split decision, a three-judge panel of the federal 9th Circuit Court of Appeals in San Francisco ruled that voters’ Proposition 8, which struck down same-sex marriage in California, harmed gays and lesbians “by denying their right to civil marriage in violation of the 14th Amendment,” according to this CNN news report.
The appellate ruling moves the divisive social issue of how to define marriage a step closer to the province of the U.S. Supreme Court in states that have laws that bar same-sex marriages. To date, the six states recognizing same-sex marriage are New York, Connecticut, Iowa, Massachusetts, New Hampshire and Vermont -- plus the District of Columbia and potentially California.
Washington United for Marriage, a pro-gay rights group, put out a statement about the ruling:
“Today was a great day for same-sex couples in California,” said Zach Silk, campaign manager for Washington United for Marriage. “With the US Court of Appeals for the Ninth Circuit ruling that Proposition 8 in California is indeed unconstitutional, it gives hope to hundreds of thousands of loving lesbian and gay couples in the country. While the decision was narrowly construed and would only apply to California families, it is a victory nonetheless. It will no doubt help provide additional momentum for our efforts to win and defend marriage equality in Washington State.”
The court agreed with the trial court judge that Proposition 8 violates the U.S. Constitution by denying gays and lesbians equal protection of the laws. The decision was narrowly focused on the specific circumstances of California, where marriage was available to same-sex couples and then stripped away by the adoption of Proposition 8.
The Ninth Circuit has stayed its decision temporarily, and is likely to extend that stay pending appeal.
As a result, gay and lesbian couples will not be able to marry in California at this time.
Opponents of gay marriage are gearing up to challenge SB 6239 with a referendum on the Nov. 6 ballot. Advocates with the evangelical Faith and Freedom Network, led by Gary Randall, and others plan a referendum once Gregoire signs it, and they face a June 6 deadline for signatures.
The Office of the Secretary of State in Olympia says that if opponents’ signature-gathering falls short, the bill would take effect June 7 — or as soon as signature counts were completed, if needed. But if gay-marriage foes can meet the requirement for a little over 120,000 valid voter signatures by the deadline, they would force the matter onto the Nov. 6 ballot and put the law into abeyance until the election is certified.
Already, national media are interested in tomorrow’s event.
No wonder: Washington voters approved Referendum 71 in 2009, making this the first state where same-sex relationships were upheld by a statewide vote.
Tomorrow’s vote takes that trail-blazing action a step further in the Evergreen State, and Democratic Rep. Jamie Pedersen of Seattle says he has 54 to 56 votes to pass the bill. But opponents of gay marriage like to point out that voters in California and Maine have overturned gay marriage laws.
