- 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
- ✖ Banned (3-month deferral)
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
Until Jun 7, 2018
Public Opinion
Support for LGBT protections by US state ?
Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)
Favor (75%)
Opposition of religiously based refusals to serve gay and lesbian people ?
Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)
Oppose (57%)
Support of same-sex marriage by US state ?
Ranked #10 out of 51 regions surveyed. (Source: Pew Research, 2014)
(31%) Oppose
Favor (61%)
Support of homosexuality by US state ?
Ranked #12 out of 51 regions surveyed. (Source: Pew Research, 2014)
(27%) Oppose
Support (69%)
History
Homosexual activity in Washington is legal.
Current status
Since Jul 1, 1976
Since Jul 1, 1976
Legal
WASHINGTON LAWS, 1975 1st ex.s. c 260 § 9A.92.010
Item 209 repealed Washington's Sodomy Laws: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Item 226 repealed Washington's Vagrancy Laws: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.
Item 209 repealed Washington's Sodomy Laws: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Item 226 repealed Washington's Vagrancy Laws: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.
Illegal (imprisonment as punishment)
Laws of Washington 1909 c 249 § 204 amended the state's sodomy law to include oral sex, added a clause to specifically criminalize voluntarily submitting to 'carnal knowledge', and lowered the penalty to "imprisonment in the state penitentiary for not more than ten years".
Illegal (imprisonment as punishment)
Responding to STATE v. PLACE, the Washington State Legislature adopted the common law definition of "crimes against nature" and established a penalty of "imprisonment at hard labor in the state penitentiary for not less than ten nor more than fourteen years" upon conviction of sodomy.
Ambiguous
Section 12 of the Organic Act, which established the Territorial Government of Washington, adopted the laws of the Territory of Oregon applicable to the Territory of Washington as of March 2, 1853, which did not include any reference to sodomy.
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.
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.
Current status
Since Dec 6, 2012
Since Dec 6, 2012
Legal
SB 6239 - 2011-12 amended RCW 26.04.010 to legalize same-sex marriage by replacing gendered terms with gender-neutral language. The law, meant to take effect on June 7, 2012, was delayed by Referendum 74 which put the issue to voters who affirmed the legislation. The law went into effect on December 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.
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.
Current status
No censorship
Washington has some anti-discrimination policies and no active censorship measures.
Right to change legal gender in Washington is legal, surgery not required.
Current status
Since Sep 12, 2017
Since Sep 12, 2017
Legal, surgery not required
No Requirements.
Parent/Guardians must apply on behalf of minors.
Parent/Guardians must apply on behalf of minors.
Legal recognition of non-binary gender in Washington is recognized.
Current status
Since Jan 27, 2018
Since Jan 27, 2018
Recognized
WAC 246-490-075 includes the legal gender marking "X" as a gender that is not exclusively male or female, including, but not limited to, intersex, agender, amalgagender, androgynous, bigender, demigender, female-to-male, genderfluid, genderqueer, male-to-female, neutrois, nonbinary, pangender, third sex, transgender, transsexual, Two Spirit, and unspecified.
LGBT discrimination in Washington is illegal.
Current status
Since Jun 8, 2006
Since Jun 8, 2006
Illegal
Covers sexual orientation and gender identity in regard to employment, housing, and public accomodations
LGBT employment discrimination in Washington is sexual orientation and gender identity.
Current status
Since Jun 8, 2006
Since Jun 8, 2006
Sexual orientation and gender identity
State law provides for protections against employment discrimination in regards to both sexual orientation and gender identification.
LGBT housing discrimination in Washington is sexual orientation and gender identity.
Current status
Since Jun 8, 2006
Since Jun 8, 2006
Sexual orientation and gender identity
This state explicitly bans housing discrimination based upon sexual orientation and gender identification.
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)."
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.
Current status
Since Sep 20, 2011
Since Sep 20, 2011
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
Blood donations by MSMs in Washington is banned (3-month deferral).
Current status
Since Apr 2, 2020
Since Apr 2, 2020
Banned (3-month deferral)
Blood donation centers in Washington follow the new FDA 3-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Conversion therapy in Washington is banned.
Current status
Since Jun 7, 2018
Since Jun 7, 2018
Banned
SB 5722 - 2017-18 amended RCW 18.130.020 to define conversion therapy and RCW 18.130.180 to discipline licensed health care providers that perform conversion therapy on any patient under the age of eighteen.
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
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
Ambiguous
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it. Though it's not actually ambiguous (It is in fact legal), this is the best indicator of the available options. An attempt to ban conversion therapy passed overwhelmingly in the State House in 2014, but the bill died in Senate Committee.
Equal age of consent in Washington is equal.
Current status
Since Jul 1, 1979
Since Jul 1, 1979
Equal
Age of consent is governed by RCW 9A.44 and is equal, regardless of gender or orientation.