Foes fight same-sex marriage battle out West

By WILLIAM YARDLEY, New York Times

Last update: October 31, 2009 - 6:37 PM

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SEATTLE - Referendum 71, a proposal to extend more legal protections to domestic partners in Washington state, has been nicknamed "everything but marriage." But its opponents say even that is an understatement.

"Although this wouldn't technically be an outright gay marriage vote, it is to us," said Larry Stickney, the campaign manager for Protect Marriage Washington, which opposes the measure.

His group has cast Tuesday's referendum as a strategic step for same-sex marriage supporters to ultimately win full marriage rights. Same-sex marriage supporters say the measure will simply provide basic legal protections for gay and lesbian couples.

Referendum 71 asks voters to approve or reject a bill passed by the Legislature and signed by the governor last spring that would extend to same-sex couples scores of rights currently reserved for married spouses, including ensuring extended work leave for people with critically ill partners and preserving pension benefits for the surviving partner in the event of the other's death.

"For all purposes under state law," the bill said, "state-registered domestic partners shall be treated the same as married spouses."

In Washington state, bills approved by the Legislature and the governor can be put to a public vote if enough signatures are gathered. Protect Marriage Washington narrowly met the threshold of more than 120,000 valid signatures in early September, and the campaign since then has been a sprint. While it has not received the attention of campaigns in states where full marriage has been on the ballot, including Maine this year, the fight here has been tense.

There has been confusion over what a yes vote means: Protect Marriage Washington put Referendum 71 on the ballot, but it wants voters to reject the measure. Passage, Stickney said, would put Washington "one act of judicial activism away" from marriage.

Anne Levinson, chairwoman of Approve 71, said that while same-sex marriage remains the ultimate goal for many gay couples, Referendum 71 "is not about a theoretical end game." She added, "This is about very real families living in our state right now without legal protections."

A poll conducted by Elway in September showed the measure 5 percentage points ahead among registered voters, which fell within the margin of sampling error.

Levinson said that by forcing the matter to a public vote, Protect Marriage Washington has brought more attention to the challenges gay couples face.

"That could very well provide a positive context to do exactly what the opponents hope it won't do," she said, "and that is advance the cause of civil marriage equality."