A long-awaited win for gay rights: Senate OKs state anti-bias bill

OLYMPIA -- Washington will no longer allow discrimination against gays and lesbians in employment, housing or lending, thanks to landmark legislation passed Friday after nearly three decades of debate.

The Senate ended the epic battle shortly before noon, when, one by one, members called out votes in favor and against the gay rights bill.


		Meryl Schenker / P-I
	At the Paramount Theatre, Jennine Matt, left, and Jeanette Parkinson of Seattle and Emily Perlatti of Hansville celebrate the gay rights bill's passage.

The 25-23 roll call vote was a countdown to victory for gay rights advocates who have fought long and hard to pass the anti-discrimination legislation.

With the Senate approval of the bill, the Capitol erupted into revelry of hugs, heartfelt tears and champagne toasts.

The bill expands the Washington Civil Rights Act, which protects minorities from discrimination based on race, religion, gender and disabilities. However, it would not on its own give gays and lesbians the right to marry.

Conservatives argue that homosexuals have never faced the institutional discrimination that those others groups have faced, and so the legislation was unnecessary.

But activists say gays and lesbians do face real discrimination in Washington based on sexual orientation and need the protection the bill provides.

The clamor drowned out for the moment grumbles from those who saw the legislation as a misguided step toward gay marriage and have threatened an initiative to undo it.

Last year, which was the first time the bill got a full senate vote, Democrats were unable to advance it because Sen. Kim Sheldon, D-Potlatch, and Sen. Jim Hargrove, D-Hoquiam, defected. This year, those lawmakers held their ground, but Sen. Bill Finkbeiner, R-Kirkland, changed his vote.

Rep. Ed Murray, D-Seattle, was the center of attention as activists, lawmakers and Gov. Christine Gregoire heralded the event as the beginning of a new era of tolerance and equality in Washington.

"For some of us, and I think for the whole state, it's a new dawn, it's a new day," Murray said moments later when he spoke in support of the bill as House concurred with the Senate bill.

Murray has carried the torch for the gay rights bill since he was appointed to the House in 1995. Waiting in the wings with his longtime partner, Murray's face seemed to brighten with every yes vote.

"I'm very happy," Murray said. "It's a moment of joy."

Gov. Christine Gregoire said she plans to sign the bill next week. Washington will join 16 other states to outlaw discrimination based on sexual orientation when she does, according to the National Gay and Lesbian Task force. It will be the seventh state to extend such protections to transgender people, the group said.

Gregoire said former Govs. Dan Evans, Booth Gardner, Mike Lowry and Gary Locke saw the bill languish.

"I am humbled that I am the one given the honor to sign the bill," she said. "It took the tenacity of many people to make this day possible."

Fran Dunaway, executive director of Equal Rights Washington, said it's been a "long time to wait for equality, but it was worth it."

Dunaway thanked Murray for his perseverance and companies such as Microsoft and Boeing because they "stood up against the anti-gay extremists."

She was referring to the Rev. Ken Hutcherson of Antioch Bible Church in Redmond, who continued to threaten a boycott of Microsoft and other companies that support gay rights legislation.

Hutcherson and the Rev. Joe Fuiten of Cedar Park Assembly in Bothell, the two most visible religious opponents of the gay rights bill, called its passage a defeat for Washington.

"It's not about discrimination. We know it's (about) a political agenda," Hutcherson said. He noted that Democrats had rejected several Republican amendments that he said would have truly made the bill anti-discriminatory.

He said opponents would now seek to reverse the legislation.

"We're going to take it before the people in a referendum," he said. "That's the next step."

House Speaker Frank Chopp, D-Seattle, indicated he'd expected the threat in his short victory speech to supporters.

"The grass roots made this happen," Chopp said. "Let us remember we must sustain this victory."

At a gathering of religious gay rights supporters Friday afternoon on Capitol Hill, the Rev. Stephen Jones of Seattle First Baptist Church said Hutcherson relies on "bad science" to argue that homosexuality is a choice that should not be protected by law.

But even if that argument were valid, "we ought to protect people for their choices as well as things like gender and race," Jones said.

Jones, co-convener of the Religious Coalition for Equality, also said his side represents the majority view in Washington.

The polarized views on homosexuality drove an emotional debate that was almost identical to that which preceded the Senate vote last year -- when the bill failed by one vote.

Finkbeiner reversed his previous position to turn the tide this year.

"This has been a terribly difficult issue for me," said Finkbeiner as he explained his change of heart.

"What we are really talking about here is ... whether or not it's OK to be gay or homosexual in this state. On whether or not it's appropriate to be discriminating against or to discriminate against someone because of that."

He said being gay or lesbian isn't a choice.

"People don't choose this. We don't choose who we love, the heart chooses who we love," Finkbeiner said.

"I don't believe that it is right ... to say that it's acceptable to discriminate against people because of that, because of who their heart chooses to love. I cannot stand with that argument."

The rest of the Republicans argued that it promoted immoral behavior, undermined religious freedom and could be seen as Legislative endorsement of gay marriage.

Sen. Bob Oke, R-Port Orchard, said his daughter is a lesbian. He said the issue has been a long-standing point of conflict in his family, but he held his position on the issue and voted against the bill.

"That's called tough love," Oke said. "I believe homosexuality is morally wrong. ... The Bible is very clear on this."

Sen. Dan Swecker, R-Rochester, said, "Discrimination against anyone is unacceptable, and it is wrong."

"Unfortunately the bill before us today is not the magic tool that will end discrimination in our state," he said. "In reality, it takes us in the opposite direction.

"The passage of this legislation puts us on a slippery slope towards gay marriage. The two are linked. ... Are any of us naive enough to think the court won't take notice?"

State Supreme Court Chief Justice Gerry Alexander said he is "hoping we could get it out (a pending ruling on the 1998 Defense of Marriage Act) before the Legislature adjourns" in early March. He said he is aware of the intense interest in the ruling. (Editor's Note: The original version of this story misstated Alexander's deadline hopes.)

Passage of the bill yesterday comes as a relief for many advocates who feared support for the gay rights would fall apart if the high court assigned lawmakers the much more controversial task of redefining marriage.

Murray said he's got a gay marriage bill ready in that event. Likewise, Republicans are ready with legislation that would ban gay marriage.

Murray said the gay rights bill should unify, not divide the state.

"We are one state. We are one family," Murray said. "And despite the animosity and the dehumanizing statements that have been heard in this battle, we will remain ... one."

GAY RIGHTS TIMELINE

1977: The first legislation protecting the civil rights of gays is introduced in Olympia.

1985: Gov. Booth Gardner issues an order forbidding state agencies and state colleges and universities from discriminating in the hiring of gays.

1986: Several bills are introduced in Olympia to curb the rights of homosexuals, including banning their employment at schools and government offices. The proposals don't get out of committee.

1987: The King County Council names Cal Anderson to a vacant seat in the state House, making him the first openly gay legislator.

1988: The Legislature passes an AIDS bill that includes an anti-discrimination provision that conservative Republicans oppose.

1989: Legislation tightening an anti-harassment law and requiring hate-crime reporting fails.

1991: State lawmakers for the fourth time refuse to add sexual orientation to an existing law against hate crimes.

1994: Anderson is elected to the state Senate. Also that year, the Legislature defeats a gay rights bill for the 17th year in a row.

1995: Anderson dies of AIDS at 47. Gay rights leader Ed Murray is appointed to fill a vacancy in the state House.

1997: Voters defeat Initiative 677, a gay rights proposal.

1998: Gov. Gary Locke vetoes a ban on gay marriage, but legislators override him when Democrats provide the votes to keep the issue from being placed on the November ballot.

2000: Public Employees Benefits Board approves a request by Locke to extend health care benefits to the domestic partners of gay and lesbian state workers.

2002: For the first time, the state House of Representatives lists same-sex partners in its phone directory.

2003: The House approves a ban of discrimination against homosexuals in housing, employment and financial transactions. The Senate rejects the measure.

2004: The state Senate adjourns rather than vote on a House-approved bill to add sexual orientation to the list of factors -- including race, color, creed, national origin, gender and disability -- that can't be used to deny housing, employment and financial transactions. Later that year, Superior Court judges in King and Thurston counties overturn the state law banning same-sex marriage.

2005: In the Senate, 23 Republicans and two Democrats join forces to kill a bill that would have banned discrimination against gay people. The state Supreme Court also hears arguments on the law banning gay marriage. A high court decision is still pending.

2006: The state Senate approves a gay rights bill, 25-23. State Sen. Bill Finkbeiner, R-Kirkland, is the only Republican to vote for it. The state House quickly backs the bill 61-37 and sends it on to Gov. Christine Gregoire, who promises to sign it.

P-I reporter John Iwasaki contributed to this report. P-I reporter Chris McGann can be reached at 360-943-3990 or chrismcgann@seattlepi.com.
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