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posted Friday, February 6, 2009 - Volume 37 Issue 06 |
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Senator Murray and Representative Pedersen are to be commended for their introduction of follow-up legislation (SB 5688 and HB 1727) to further expand the rights and responsibilities of registered domestic partners. I'm confident one of the two bills will pass, and Governor Gregoire will sign it into law.
However, while we slowly but surely march towards full marriage equality, I hope that, in 2010, legislation will be introduced to tie up some statutory loose ends. I'm referring to RCW 49.60(7), which defines the protected class of "marital status." RCW 49.60 is our equivalent of the 1964 Civil Rights Act. It protects various classes of people, i.e., marital status, sexual orientation, gender, race, color, etc., etc., from discrimination in housing, employment, public accommodations, credit, insurance, and real estate transactions. "Marital status" currently covers only lawful marriage, divorce, separation, and singlehood. It needs to be amended to include lawful registered domestic partners.
Further, I think it's time to amend RCW 9A.36.078 and .080, felony malicious harassment, to include the protected class of "marital status." Also, these statutes authorize civil suits, including punitive damages not to exceed $10,000. I find the maximum to be woefully inadequate. The statute should be amended to allow for punitive damages not to exceed 10 times compensatory damages. If a jury awards the plaintiff, in a malicious harassment lawsuit, $50,000 in compensatory damages, punitive damages could be as high as $500,000.
I hope to see these legislative reforms introduced in January, 2010, to further enhance legal protections for registered domestic partners.
Sincerely,
Steven L. Kendall, PCO
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