Today, one day before Valentine’s Day, Washington’s Governor Christine Gregoire signed into law marriage equality in Washington State; the culmination of several months of work by a coalition of dedicated Washington organizations, but really decades of dedicated work by leaders in Washington’s LGBT community.
And while the spring and summer will likely be spent fighting the efforts of big religion to roll back marriage equality in Washington, all going well, the first state-sanctioned same-sex marriages may be taking place before the end of the year.
The big question is what does this mean for our many LGBT clients. Well, the status “marriage” in the State of Washington will add nothing else from a “rights” perspective as far as the State is concerned. As of 2009, all state-granted rights, incidents, and responsibilities conferred by marriage were also conferred by the state’s domestic partnership registry. The federal Defense of Marriage Act (DOMA) still prevents the recognition of same-sex marriage at the federal level, and allows other states to ignore your Washington marriage. So little will change from a day-to-day rights perspective for our LGBT clients.
Wondering what to do if you are already domestically partnered? Purportedly (and I have yet to confirm), the law allows you two years to get a marriage license or dissolve your domestic partnership, after which time the State will automatically convert your domestic partnership to a marriage.
Aren’t registered and thinking about tying the knot? Of course we wish you the best in your nuptials, but would advise both you and your sweetie to educate yourselves on just what marriage or domestic partnership means. There are significant implications for real and personal property, income, benefits, and your federal income taxes to consider. With changes in both local and federal laws, we’re finding more and more clients opting in for some hardy estate planning, especially separate property agreements to shield them from unwanted tax consequences.
Of course, we’re always happy to chat, and our consultation is free. So don’t hesitate to give your favorite LGBT-owned law firm a call. We’ll be happy to explain it all, and let you know about options to protect yourself if you’re thinking about saying “I do”.
