2009 Washington Referendum 71

LGBTQ rights referendum January 2019 Referendum 71 Washington Concerns the legal status of domestic partnerships of LGBT people 951,822 838,842 1,790,664 2009 Washington Referendum 71 results map by county.svg 275px County results Yes: #B6C8D9 50–60% #7D9CBB 60–70% #47729E 70–80% No: #DEDEBD 50–60% #BCBC83 60–70% #8B8B54 70–80% The 2009 Washington Referendum 71 (R-71) was a state referendum that legalized domestic partnership in Washington state, the first statewide referendum in the United States that extended to LGBT people the rights and responsibility of domestic partnership.Voters approve 'everything but marriage' bill Rachel La Corte http://www.komonews.com/news/69333537.html Associated Press March 19, 2010 March 6, 2012 https://web.archive.org/web/20120306001640/http://www.komonews.com/news/69333537.html dead The bill had passed State Legislature, and it was signed into law by the Governor in May 2009, but opponents gathered enough signatures to put the measure before the voters, who returned ballots by mail over three weeks ending on November 3, 2009, approving the measure 53% to 47%. The new law went into effect 30 days later, on December 3, 2009.http://blogs.sos.wa.gov/FromOurCorner/index.php/2009/11/r-71-effective-12-3-09/ R-71: Effective 12-3-09 David Ammons From Our Corner March 19, 2010 Prior to this Washington state vote, a ban on same-sex marriages and civil unions, Arizona Proposition 107, was rejected by voters in that state in 2006, who two years later passed the civil-unions-neutral Arizona Proposition 102. History Senate Bill 5688 was signed by Governor Christine Gregoire on May 18, 2009.http://www.kpax.com/Global/story.asp?S=10380570 The new law equates same sex civil unions with traditional marriage in every way except the title of marriage May 18, 2009 https://web.archive.org/web/20090702000433/http://www.kpax.com/Global/story.asp?S=10380570 July 2, 2009 dead On July 25, 2009, the organization Protect Marriage Washington submitted petitions containing 137,881 signatures to the Washington Secretary of State's office. State law requires at least 120,577 valid signatures to qualify for the October–November 2009 ballot. The Secretary of State officially verified 122,007 of the signatures on September 1, 2009.http://wei.secstate.wa.gov/osos/en/initiativesReferenda/Documents/R-71%20Certification.pdf Certification of referendum 71 Reed Sam September 2, 2009 Secretary of State July 9, 2025 https://web.archive.org/web/20091023215832/http://wei.secstate.wa.gov/osos/en/initiativesReferenda/Documents/R-71%20Certification.pdf October 23, 2009 mdy-all Under the State Constitution, laws passed by the legislature do not take effect until ninety days after the close of the legislative session, unless the Legislature declares an emergency, which would put the law in effect immediately. During this ninety-day period citizens can attempt to force a referendum by gathering enough verified signatures, at least four percent of the number of voters in the previous gubernatorial election. A successful petition places the law on hold, pending a referendum in the next election.Washington Constitution, Article II, Section 1 Enactment of the Washington Legislature-approved law was initially halted pending signature-verification; having received sufficient valid signatures to require voter re-confirmation, the state extended the hold until the results of the 2009 general election were made official.http://blog.seattlepi.com/seattlepolitics/archives/174641.asp Seattle Post-Intelligencer Chris Grygiel Gay partnership foes turn in referendum signatures July 25, 2009 Several lawsuits were filed to block R-71 from appearing on the ballot, but none was successful in court.On September 2, 2009 King County Superior Court Judge Julie Spector [rejected http://blog.seattlepi.com/seattlepolitics/archives/178051.asp] a challenge to block a vote on the referendum. Noting that she had concerns about the validity of some of the signatures, the basis of her rejection was that it should have been filed in Thurston County. (Olympia, in Thurston County, is the state capital; the state's largest city, Seattle, is in King County). A second challenge to the ballot certification brought in Thurston County by Arthur West was dismissed upon the Secretary of State's misrepresentation of the scope of the federal injunction. A third challenge brought by WFST was dismissed by agreement without review of the signature sheets. There was an active lawsuit to be heard by the Supreme Court to decide if and when signatories to ballot measures are to be revealed publicly. Following the dissolution of the injunction on November 17, 2011, the Secretary of State first released some copies of the R-71 signatures, but then halted such releases pending a motion for a further injunction to be heard on November 24, 2011, in the United States Court of Appeals for the Ninth Circuit. Provisions of the law The full title of the proposal approved in the referendum was Engrossed Second Substitute Senate Bill 5688. It was intended to make domestic partnership in Washington state equivalent to marriage, without being called by that name. For this reason it is sometimes referred to as the "everything but marriage bill". The law made many changes to the Revised Code. Its overall purpose is stated in Section 1: It is the intent of the legislature that for all purposes under state law, state registered domestic partners shall be treated the same as married spouses ...The provisions of this act shall be liberally construed to achieve equal treatment, to the extent not in conflict with federal law, of state registered domestic partners and married spouses. Text of referendum Legislation challenged by petition is put on the ballot with wording that asks voters to choose Approved or Rejected to either enact or strike down the law. Ballot Title Statement of Subject: The legislature passed Engrossed Second Substitute Senate Bill 5688http://www.secstate.wa.gov/elections/initiatives/text/r071.pdf Engrossed Second Substitute Senate Bill 5688 May 4, 2009 https://web.archive.org/web/20100101172111/http://www.secstate.wa.gov/elections/initiatives/text/r071.pdf January 1, 2010 March 8, 2021 concerning rights and responsibilities of state-registered domestic partners [and voters have filed a sufficient referendum petition on this bill]. Concise Description: This bill would expand the rights, responsibilities, and obligations accorded state-registered same-sex and senior domestic partners to be equivalent to those of married spouses, except that a domestic partnership is not a marriage. Should this bill be: Approved ___ Rejected ___ Ballot Measure Summary Same-sex couples, or any couple that includes one person age sixty-two or older, may register as a domestic partnership with the state. Registered domestic partnerships are not marriages, and marriage is prohibited except between one man and one woman. This bill would expand the rights, responsibilities, and obligations of registered domestic partners and their families to include all rights, responsibilities, and obligations granted by or imposed by state law on married couples and their families. Proposed Referendum Measures https://www.sos.wa.gov/elections/initiatives/referendum.aspx 14 June 2023 Washington Secretary of State Background Domestic partnership in Washington State The proposal to overturn the bill was filed by Larry Stickney, president of the Washington Values Alliance, a group that opposes recognition of same-sex relationships.https://www.spokesman.com/tags/?q=washington-values-alliance Tag search results for 'washington-values-alliance' page 1 - The Spokesman-Review www.spokesman.com Organizations favoring the original legislation and opposing putting the issue up for referendum, such as Equal Rights Washington and Washington Families Standing Together, led the 'Decline to Sign' campaign, urging voters not to sign the petitions to put the referendum on the November 2009 ballot. Reaction to petition Ed Murray, who sponsored the initial domestic partnership legislation in 2007 (Senate Bill 5336), stated: 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…http://seattletimes.nwsource.com/html/localnews/2009171882_apwadomesticpartnerships1stldwritethru.html Challenge to domestic partnership expansion filed Governor Gregoire stated: I respect the peoples' right to place a referendum on the ballot following legislative action. However, I am obviously very disappointed that this message will be debated once again. I signed the original bill and believe it should be and will be the law of our great state. Washington state has a history of fighting to ensure everyone – mothers, fathers, sons, daughters, brothers, sisters – enjoys equal rights.https://www.governor.wa.gov/news-media/news-media News & Media | Governor Jay Inslee www.governor.wa.gov Protect Marriage Washington argued, however, that the "consent of the governed" as per the Declaration of Independence has been withheld from same sex marriage in every state where the issue has been put to a vote of the peopleNovember 2009. It has been noted that Referendum 71 is about Domestic Partnerships and does not grant marriage equality to same sex couples.Referendum 71: Pro Polls A 2007 University of Washington poll found 73% of Washington voters support some legal recognition of same-sex relationships (civil union/domestic partnership or marriage).http://www.washingtonpoll.org/results.html Poll Results January 7, 2019 The same group in October 2009 conducted a poll (N = 754 registered voters) and found that 56% of respondents planned to vote 'approve', and 39% planned to vote 'reject.' A 2009 Elway Poll commissioned by the Faith and Freedom Network, an organization opposed to gay marriage, asked "Should homosexuals be allowed to legally marry?" The Elway Pollhttp://www.faithandfreedom.us/pdf/F%26FReport_Elway_2009.pdf Proprietary Report April 2009 The Elway Poll July 9, 2025 https://web.archive.org/web/20091123041239/http://faithandfreedom.us/pdf/F%26FReport_Elway_2009.pdf November 23, 2009 mdy-all (N = 405 registered voters) reported 43% saying yes and 50% saying no. A September 2009 poll (N = 569 likely voters) commissioned by the Approve 71 campaign and conducted by Greenberg Quinlan Rosner (GQR) found that, when presented with the actual Referendum's language, 51% of likely voters chose to approve and 44% to reject the legislation.http://approvereferendum71.org/09/approve-71-campaign-poll-shows-a-tough-fight-ahead-victory-hinges-on-voter-turnout/ Approve 71 campaign poll shows a tough fight ahead. Victory hinges on voter turnout https://web.archive.org/web/20111008102335/http://approvereferendum71.org/09/approve-71-campaign-poll-shows-a-tough-fight-ahead-victory-hinges-on-voter-turnout/ October 8, 2011 March 8, 2021 A later GQR poll (N = 500 likely voters) released on October 26, 2009, found that the 53% approved the legislation, while 36% rejected it.http://blog.seattlepi.com/stepforward/archives/183293.asp?from=blog_last3 Seattle Post-Intelligencer Joe Mirabella BREAKING: New poll results shows lead for approve 71 campaign October 26, 2009 An October 2009 poll by Survey USA, funded by KING-TV in Seattle showed that 50% of the 561 likely voters polled would vote for the measure while 43% would reject it, 7% unsure. Results thumb|upright=1.4|Referendum 71 results by county, with number of votes shown by size, Approved in green and Rejected in orange. Referendum Measure 71 concerning rights and responsibilities of state-registered domestic partnershttps://results.vote.wa.gov/results/20091103/referendum-measure-71-concerning-rights-and-responsibilities-of-state-registered-domestic-partners.html https://web.archive.org/web/20250501094030/https://results.vote.wa.gov/results/20091103/referendum-measure-71-concerning-rights-and-responsibilities-of-state-registered-domestic-partners.html May 1, 2025 live Referendum Measure 71 concerning rights and responsibilities of state-registered domestic partners Reed Sam Sam Reed November 3, 2009 Secretary of State of Washington November 16, 2025 951822 838842 50.88 By county +County resultsCountyhttps://results.vote.wa.gov/results/20091103/referendum-measure-71-concerning-rights-and-responsibilities-of-state-registered-domestic-partners_bycounty.html https://web.archive.org/web/20250124094606/https://results.vote.wa.gov/results/20091103/referendum-measure-71-concerning-rights-and-responsibilities-of-state-registered-domestic-partners_bycounty.html January 24, 2025 live Referendum Measure 71 concerning rights and responsibilities of state-registered domestic partners - County Results Reed Sam Sam Reed November 3, 2009 Secretary of State of Washington November 16, 2025YesNoMarginTotal votes#%#%#%Adams76326.66%2,09973.34%-1,336-46.68%2,862Asotin2,37236.52%4,12363.48%-1,751-26.96%6,495Benton14,18035.12%26,19564.88%-12,015-29.76%40,375Chelan7,93839.07%12,38060.93%-4,442-21.86%20,318Clallam12,94951.35%12,27048.65%6792.69%25,219Clark42,25645.93%49,73654.07%-7,480-8.13%91,992Columbia57233.16%1,15366.84%-581-33.68%1,725Cowlitz10,95541.58%15,38958.42%-4,434-16.83%26,344Douglas3,22232.88%6,57667.12%-3,354-34.23%9,798Ferry92836.90%1,58763.10%-659-26.20%2,515Franklin3,30129.51%7,88670.49%-4,585-40.99%11,187Garfield20522.68%69977.32%-494-54.65%904Grant5,02828.76%12,45471.24%-7,426-42.48%17,482Grays Harbor8,94146.50%10,28553.50%-1,344-6.99%19,226Island14,74153.44%12,84446.56%1,8976.88%27,585Jefferson9,28066.03%4,77533.97%4,50532.05%14,055King384,04267.99%180,82132.01%203,22135.98%564,863Kitsap40,40053.81%34,67846.19%5,7227.62%75,078Kittitas4,70944.31%5,91855.69%-1,209-11.38%10,627Klickitat2,39141.89%3,31758.11%-926-16.22%5,708Lewis7,80133.81%15,27366.19%-7,472-32.38%23,074Lincoln1,07326.45%2,98473.55%-1,911-47.10%4,057Mason8,92348.19%9,59251.81%-669-3.61%18,515Okanogan4,14738.46%6,63761.54%-2,490-23.09%10,784Pacific3,57149.56%3,63450.44%-63-0.87%7,205Pend Oreille1,36732.05%2,89867.95%-1,531-35.90%4,265Pierce82,18947.57%90,58452.43%-8,395-4.86%172,773San Juan5,46870.98%2,23629.02%3,23241.95%7,704Skagit17,96950.83%17,37949.17%5901.67%35,348Skamania1,31146.11%1,53253.89%-221-7.77%2,843Snohomish90,34051.20%86,10748.80%4,2332.40%176,447Spokane52,55139.85%79,31460.15%-26,763-20.30%131,865Stevens4,28229.19%10,38770.81%-6,105-41.62%14,669Thurston42,80756.67%32,73243.33%10,07513.34%75,539Wahkiakum66844.86%82155.14%-153-10.28%1,489Walla Walla6,39439.90%9,63360.10%-3,239-20.21%16,027Whatcom31,72053.47%27,59846.53%4,1226.95%59,318Whitman4,73845.06%5,77654.94%-1,038-9.87%10,514Yakima15,33034.94%28,54065.06%-13,210-30.11%43,870Totals951,82253.15%838,84246.85%112,9806.31%1,790,664 Endorsers of Referendum 71 Endorsing a vote of "approve" Governor Christine Gregoire U.S. Senators Patty Murray and Maria Cantwell U.S. Representatives Jay Inslee, Rick Larsen, and Jim McDermott 17 of 49 state senators Washington Families Standing Together to Approve Referendum 71 http://approvereferendum71.org/ September 23, 2009 46 of 98 state representatives Microsoft Large employers back retaining domestic partnership benefits http://seattletimes.nwsource.com/html/politicsnorthwest/2009864732_large_employers_back_retaining.html September 27, 2009 The Seattle Times Richard Wagoner September 14, 2009 Boeing Googlehttp://approvereferendum71.org/10/referendum-71-2/ Approve Nike, Inc. Puget Sound Energy RealNetworks Vulcan Inc. Washington State Democratic PartyWashington State Democratic Party http://wa-democrats.org/index.php?page=display&id=490 Washington State Democratic Party Wa-democrats.org January 15, 2019 Washington Association of Churches League of Women Voters of Washington Mainstream Republicans of Washingtonhttp://www.washingtonmainstream.org/Blog.php?n=30 MRW Blog October 26, 2009 https://web.archive.org/web/20110511135723/http://www.washingtonmainstream.org/Blog.php?n=30 May 11, 2011 dead Washington State Council of Firefighters Washington State Nurses Association Children's Alliance Washington State Bar Association Washington State Senior Citizens Lobby NAACP, King County Chapter over 260 other organizations Organizations Endorsing Washington Families Standing Together http://approvereferendum71.org/08/organizations-endorsing-washington-families-standing-together/ October 26, 2009 Newspapers: The ColumbianJake Thomas http://www.columbian.com/article/20091015/OPINION02/710159941/-1/OPINION Opinion issued on the Zimmerly quarry The Columbian August 12, 2018 January 15, 2019 Everett Heraldhttp://www.heraldnet.com/article/20091011/OPINION03/710119968/-1/OPINION Opinion HeraldNet.com March 4, 2008 January 15, 2019 The News Tribunehttp://www.thenewstribune.com/2009/10/13/914323/endorsement-approve-r-71-to-fulfill.html https://archive.today/20130204053114/http://www.thenewstribune.com/2009/10/13/914323/endorsement-approve-r-71-to-fulfill.html dead ENDORSEMENT: Approve R-71 to fulfill promise of civil unions | Opinion - The News Tribune February 16, 2021 February 4, 2013 The Olympianhttp://www.theolympian.com/opinion/story/992484.html Support Equality, Support Referendum 71 October 4, 2009 The Olympian https://archive.today/20130204092543/http://www.theolympian.com/opinion/story/992484.html February 4, 2013 March 8, 2021 The Oregonianhttp://www.oregonlive.com/opinion/index.ssf/2009/10/referendum_71_would_hasten_pro.html The Oregonian Referendum 71 would hasten progress toward equality October 14, 2009 The Seattle Timeshttp://seattletimes.nwsource.com/html/editorials/2009990546_edit04ref71.html The Seattle Times Approve Referendum 71 in the name of fundamental fairness for all Washington families October 2, 2009 Skagit Valley Heraldhttp://www.goskagit.com/home/article/approving_r_71_only_fair_and_just_way_to_vote/ Skagit County's News and Information Source goskagit.com October 28, 2009 https://web.archive.org/web/20091028213445/http://www.goskagit.com/home/article/approving_r_71_only_fair_and_just_way_to_vote/ October 28, 2009 dead mdy-all The Spokesman-Reviewhttp://www.spokesman.com/stories/2009/oct/09/support-referendum-to-protect-rights-for-all/ Editorial: Support referendum to protect rights for all | The Spokesman-Review Spokesman.com October 9, 2009 January 15, 2019 The StrangerJardine Josh http://www.thestranger.com/seattle/2009-endorsements/Content?oid=2472608 2009 Endorsements - News The Stranger October 15, 2009 January 15, 2019 Walla Walla Union-Bulletinhttps://newspaperarchive.com/tags/washington-referendum-71/?pc=31761&psi=101&pci=7&pt=8278&ob=1/ Washington Referendum 71 October 19, 2009 Newspaper Archive March 8, 2021 Endorsing a vote of "reject" Washington Values Alliance - Larry Stickney Washington State Republican Party Washington Eagle Forum - Cindy Honcoop Pastor Ken Hutcherson, Antioch Bible Church Faith and Freedom Network - Gary Randall Christian Coalition of Washington - Rick Forcier YWAM & US Renewal - Ron Boehme Family Policy Institute of Washington Facts for Freedom - Jim Galbraith Washington Opposed to Pro-Homosexual Policies, Pastor Gary & Annetta Small Concerned Citizens of Pierce County - Pat Burgess The Reagan Wing - Doug Parris Constitution Party of Washington State Concerned Women for America (Washington) Spokane American Family Association - Wayne Lawson Knights of Columbus, Bremerton Council Washington State Catholic Conference. Signature release controversy The Washington State Constitution establishes the required number of signatures for ballot measures. Referendum sponsors must submit a number of signatures at least equal to 4% of the votes cast for the office of governor in the most recent gubernatorial election in the state.http://wei.secstate.wa.gov/osos/en/initiativesReferenda/Pages/R-71FrequentlyAskedQuestions.aspx Washington State Secretary of State R-71 Frequently Asked Questions November 1, 2009 https://web.archive.org/web/20091016141527/http://wei.secstate.wa.gov/OSOS/EN/INITIATIVESREFERENDA/Pages/R-71FrequentlyAskedQuestions.aspx October 16, 2009 dead The state contends that the papers on which these submitted signatures are collected are typically a matter of public record, claims that signing a petition for a referendum or initiative that qualifies for a ballot is a legislative act, and thus argues that voters are entitled to know who is behind such measures.https://www.heraldnet.com/news/u-s-supreme-court-shields-referendum-71-signatures/ U.S. Supreme Court shields Referendum 71 signatures October 20, 2009 HeraldNet.com Some individuals and a group called WhoSigned.org requested these signatures for the Referendum 71 ballot application. Protect Marriage Washington filed to block the release of these signatures, arguing that, "due to the highly charged nature of the topic of Referendum 71, (domestic partnerships, gay rights, the traditional definition of marriage, etc.) that the personal information on the petitions for Referendum 71 warrant particular protection." Release of Initiative and Referendum Petitions Elections Division, Office of the Secretary of State, Washington October 15, 2009 http://blogs.secstate.wa.gov/FromOurCorner/wp-content/uploads/2009/10/Acr65.pdf October 20, 2009 The issue escalated to the U.S. Supreme Court where on October 19, 2009 Justice Kennedy issued a temporary block to the release of the names Justice Kennedy blocks release of R-71 names Seattle Times October 19, 2009 http://seattletimes.nwsource.com/html/localnews/2010094187_apwadomesticpartnerships2ndldwritethru.html October 20, 2009 and then the following day the Court voted 8-1 (with John Paul Stevens being the lone dissenter) to withhold the signatures until the issue could receive a full hearing.Referendum 71 in Washington State: Supreme Court Blocks Revelation of Signatories October 20, 2009 http://www.acslaw.org/node/14459 October 27, 2009 https://web.archive.org/web/20091104014624/http://www.acslaw.org/node/14459 November 4, 2009 dead The Supreme Court heard full arguments in the case, Doe v. Reed, on April 28, 2010.Supreme Court skeptical on keeping Ref. 71 petition names secret: Democracy takes 'civic courage' Janet Tu Seattle Times April 28, 2010 http://seattletimes.nwsource.com/html/localnews/2011723164_scotus29.html The Supreme Court decision would likely set a precedent for public disclosure rules for all referendum and initiative petitions within all states which use those citizen procedures.Final preparations underway in R-71 Supreme Court case Janet Tu Seattle Times April 20, 2010 http://seattletimes.nwsource.com/html/politicsnorthwest/2011653721_r-71courthearing.html On June 24, 2010, the US Supreme Court rejected Protect Marriage Washington's claims in an 8–1 decision, with only Thomas dissenting.https://www.supremecourt.gov/opinions/09pdf/09-559.pdf 09-559 Doe v. Reed (06/24/10) January 15, 2019 The court upheld the constitutionality of the Public Records Act under which the petition was requested. The question of whether to block release of the petition on narrower grounds was decided before the district court. Washington State's Office on Monday began making public the names of 137,500 people who signed Referendum 71 petitions two years ago to bring a domestic-partnership law to a public vote.U.S. District Court ruling on Ref. 71 signatures Lornet Turnbull Seattle Times October 19, 2011 http://seattletimes.nwsource.com/html/localnews/2016528605_signatures18m.html Advertisements in popular culture Satirist Stephen Colbert made light of one advertisement created by Protect Marriage Washington on The Colbert Report's October 26, 2009, show.http://www.colbertnation.com/the-colbert-report-videos/252735/october-26-2009/the-word---don-t-ask-don-t-tell The Word: Don't Ask Don't Tell – The Colbert Report October 26, 2009 The ad asserts that in May 2004, gay marriage was legalized in Scandinavia and coincided with a suicide rate doubling and an illegal drug use increasing nineteen-fold. Colbert went on to say the ad was "terrifying," adding, "and that ad is no less terrifying just because there is no country called Scandinavia, none of the countries in Scandinavia passed gay marriage laws in 2004, and the statistics on suicide and drug use are made up." See also Domestic partnership in Washington State Same-sex marriage in Washington State 2012 Washington Referendum 74 2012 Maine Question 1 External links WAFST Approve Referendum 71 Campaign Washington Values Alliance: Protect Marriage WA https://web.archive.org/web/20091108083040/http://protectmarriagewa.com/ November 8, 2009 References 30em Category:2009 Washington (state) ballot measures Category:LGBTQ history in Washington (state) Category:Same-sex union legislation in the United States Category:2009 in Washington (state) Category:2009 in LGBTQ history