- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Public Opinion
Recent surveys in Washington indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.
History
Homosexual activity in Washington is legal.
Since Jul 1, 1976
Item 209 repealed Washington's Sodomy Laws:
(a) Section 2. chapter 139, Laws of 1893
(b) Section 204, chapter 249, Laws of 1909
(c) Section 3, chapter 74, Laws of 1937
(d) RCW 9.79.100 Sodomy - Penalties.
Item 226 repealed Washington's Vagrancy Laws:
(a) Section 1, page 85, Laws of 1875,
(b) Section 1271, Code of 1881
(c) Section 436, chapter 249, Laws of 1909
(d) Section 1, chapter 11, Laws of 1965
(e) Section 29, chapter 122 Laws of 1972 ex. sess.
(f) RCW 9.87.010 Vagrancy.
The U.S. Supreme Court further secured these protections when it ruled in LAWRENCE ET Al. v. TEXAS on June 26, 2003, that any law "making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause" of the Fourteenth Amendment.
The Laws of the Territory of Washington 1875 p 85 § 1 included a vagrancy statute with a catch all definition of "disorderly persons" but did not single out homosexual activity and any arrest was set to only last so far as surety of good behavior could be ascertained.
The Code of Washington 1881, enacted on December 1, 1881, p 159 § 782 stated "All offenses at common law, which are not hereinafter defined by statute are indictable and triable in the district courts of this territory." Thus it was possible to be indicted for 'crimes against nature' however p 162 § 806 criminalized "an assault with an intent to commit the infamous crime against nature" but did NOT criminalize the 'infamous crime against nature'. As such no punishment could be attached to an indictment for homosexual activity except in the case of an assault. This is the precedent that was described in Justice Stiles's opinion in STATE v. PLACE.
On February 18, 1893, in STATE v. PLACE, 5 Wash. 773; 32 P. 736 (1893) the Washington Supreme Court noted the Washington State Penal Code did "not define the crime against nature known as sodomy, nor impose a penalty for its commission.” The crime against nature punishable as a felony at common law was not punishable in the state because no penalty has been fixed by statute.
Same-sex marriage in Washington is legal.
Since Dec 6, 2012
Same-sex marriage was further protected by the US Supreme Court in OBERGEFELL v. HODGES on June 26, 2015, under the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
The 117th US Congress legislated additional protections in H.R.8404, the Respect for Marriage Act, on December 13, 2022, mandating all states recognize any public act, record, or judicial proceeding pertaining to marriage in any other state; enforceable by the Attorney General and subject to injunctive and declaratory relief.
Censorship of LGBT Issues in Washington is no censorship.
Right to change legal gender in Washington is legal, surgery not required.
Since Sep 12, 2017
Parent/Guardians must apply on behalf of minors.
Legal recognition of non-binary gender in Washington is recognized.
Since Jan 27, 2018
LGBT discrimination in Washington is illegal.
Since Jun 8, 2006
LGBT employment discrimination in Washington is sexual orientation and gender identity.
Since Jun 8, 2006
LGBT housing discrimination in Washington is sexual orientation and gender identity.
Since Jun 8, 2006
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Serving openly in military in Washington is legal.
Since Sep 20, 2011
Blood donations by MSMs in Washington is legal.
Since May 11, 2023
Conversion therapy in Washington is banned.
Since Jun 7, 2018
The ban does not apply to religious practices unless they are performed by licensed health care providers.
The US Ninth Circuit Court of Appeals upheld the bill's constitutionality in TINGLEY V. ROBERT FERGUSON, ET AL, No. 21-35815
Until Jun 7, 2018
Equal age of consent in Washington is equal.
Since Jul 1, 1979