Much Work To Do for Same-sex Marriages The Olympian
By Ruth Schneider September 12, 2008
In 1994, I jumped a broom for the first time.
Stemming from pagan and slave traditions, this was a wedding ritual for those
who usually were not legally allowed to marry. Symbolically, jumping a
broomstick solidified a commitment between a couple — two people taking a
literal leap of faith.
Grasping my partner's hand, we took that leap so many years ago in Santa
Cruz, Calif. Within our sacred circle, we hopped over and cemented our bond.
There wasn't a church around, at the time, that would have allowed us a similar
ritual.
Although I have twice married, they were not legally recognized.
These days, getting married is not as hard as it was 14 years ago.
Two states allow same-sex marriage: Massachusetts and California.
Last week, a New York Supreme Court justice tossed out a challenge to New
York's practice of recognizing same-sex marriages performed in other states.
A host of nations have legalized same-sex marriage in the years since I first
jumped a broom.
The Netherlands offered same-sex marriage first in 2001. It quickly was
followed by Belgium, Canada, Norway, South Africa and Spain.
Same-sex marriage is not legal in Washington, nor does the state recognize
out-of-state same-sex marriages. The state offers domestic partnerships and a
host of benefits that mirror some of the rights gained through marriage, but not
all.
K. Dunn, an Olympia lesbian, recently proposed to her longtime girlfriend.
"We are planning to do a domestic partnership and then have a friends and
family ceremony" next year, Dunn said.
She also plans to make a trip down to California or to Canada to make her
marriage legal.
While Dunn finds domestic partnerships helpful, she is disappointed
Washington has not legalized same-sex marriage.
"The only bummer part is the whole marriage thing. It's nice to have it
legalized because everyone falls in love," Dunn said. "When you think about
spending the rest of your life together, you want to be treated as everyone else
is."
But with domestic partnerships the only option, Olympia attorney Sharon
Chirichillo said she advises clients to cover all of their bases in contract
law.
"Not only do I tell (same-sex couples) 'Definitely do get a domestic
partnership, but you also have to sign up for health directives.' "
And to mirror all of the rights granted in marriage, it takes a lot of
contract law.
"The way to beat the system is to come up with as much contract law as you
can to protect the queer community," Chirichillo said. "And that's what I do."
In Washington, there are an estimated 21,880 same-sex couples, according to a
July 2008 report by The Williams Institute, a think tank dedicated to the field
of sexual orientation law and public policy.
Since domestic partnerships were legalized in this state, 20 percent of those
same-sex couples have sought legal recognition of their relationships.
While we've come a long way from the first time I jumped a broomstick, there
still is so much more work to do.
"Definitely, in 10 years, we should have the same type of rights, but it's
going to take a lot of litigation," Chirichillo said.
