R-71 is inconsistent, erodes sanctity of marriage

The Defense of Marriage Act, or DOMA, was approved by the Legislature in 1998, vetoed by then-Gov. Gary Locke and overridden by a two-thirds bipartisan vote in both chambers, making same-sex marriage illegal in Washington state.

Over the past several years, attempts have been made to blur the line between gay marriage and domestic partnerships, and supporters were finally able to do so in 2009. Engrossed Second Substitute Senate Bill 5688, the "Everything but Marriage" bill, is the subject of Referendum 71.

Let me first say that I opposed passage of E2SSB 5688 and voted no on the bill during the legislative session. I would also like to state that, as a Christian, I cannot support passage of Referendum 71. That being said, I would like to move the discussion away from the religious and emotional arguments against R-71 and discuss the "big picture" issues associated with the referendum.

We need to look at everything Referendum 71 does to state law. First, it undermines the Defense of Marriage Act. Proponents of Referendum 71 say passage will not legalize same-sex marriage and, from a technical standpoint, they are right. However, passage of Referendum 71 would make marriage and domestic partnerships legally the same, setting the stage for an "equal protection" lawsuit for the courts to impose same-sex marriage on the people of Washington state. Do the citizens really want significant social policies to be dictated by the courts? I for one do not believe so.

Second, the arguments used to support E2SSB 5688 and the campaign to pass Referendum 71 are disingenuous and are not consistently applied to all citizens. Proponents argue the law would apply equally to opposite and same-sex couples and rely on the legal requirements of entering into a registered domestic partnership, which allow "either (a) both persons are members of the same sex; or (b) at least one of the persons is sixty-two years of age or older." Unfortunately, Referendum 71 would not apply equally to all citizens. In 2006, the Washington State Supreme Court upheld DOMA and Gov. Chris Gregoire was quoted saying, "I do not believe the state should be in the business of discrimination, and when the state allows me to have certain rights and responsibilities, I think those same rights and responsibilities ought to be afforded to every citizen in our state."

Interesting quote given that Referendum 71 will not provide heterosexual couples younger than age 62 who are not married the same rights as same-sex couples.

Lastly, the large fiscal impacts associated with E2SSB 5688 were ignored during the legislative session and are being ignored now. In order to circumvent all public discussion related to these impacts, sponsors delayed the effective date on the majority of the legislation until Jan. 1, 2014, and R-71 does nothing to remedy that.

I fail to see the logic in passing legislation (or R-71) until all impacts can be fully reviewed by the public. Our state is facing massive budget deficits, and instead of working toward economic solutions the Legislature passed E2SSB 5688. The large fiscal impacts were not properly analyzed then and are not being considered now.

It's time to have an honest conversation about the true intent of expanding domestic partnership rights. If it's about health insurance, the Legislature should pass a law expanding choice and competition. If it's about inheritable rights, deal with that through contract laws. Unfortunately, it's not about these issues; it's about eroding the sanctity of marriage and allowing the courts to legalize same-sex marriage.

Please join me in rejecting Referendum 71 on Nov. 3.

* Rep. David Taylor, 37, is a Moxee rancher and Republican who was appointed earlier this year to represent the Lower Yakima Valley's 15th Legislative District.