Date: Thu, 30 Mar 1995 17:56:55 -0800 (PST) From: Richard Isaac Subject: WA; 1995; Init 166 This is one of two anti-gay initiatives filed on 8 March 1995. * Richard Isaac __*_*___ report sightings of signature-gathering for \* * / Seattle anti-gay initiatives to: *\ * 767-2457 ***\**/** rmisaac \/ @eskimo.com ---------- Forwarded message ---------- Date: Wed, 29 Mar 95 22:52:59 -0800 From: Richard Isaac Subject: initiative_167_032895 INITIATIVE 167 I, Ralph Munro, Secretary of State of the State of Washington and custodian of its seal, hereby certify that, according to the records on file in my office, the attached copies of Initiative Measure No. 167 and Initiative Measure No. 168 to the Legislature are true and correct copies as they were received by this office. Reviser's note: Multiple initiatives were certified by this certificate. Each is filed as a separate document. AN ACT Relating to adoption and foster care placement of minor children; adding new sections to chapter 26.33 RCW; and creating new sections. BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: {+ NEW SECTION. +} Sec. 1. This measure shall be known and cited as the responsible adoptions act. {+ NEW SECTION. +} Sec. 2. A new section is added to chapter 26.33 RCW to read as follows: The people find that there is a compelling state interest in the adoption and foster care of minor children, however, the people find that the state's interest in adoptive and foster care placement of minor children is limited to consideration of the well-being of minor children in need of adoption or foster care and does not extend to providing for the needs, whether real or perceived, of adults to become adoptive or foster care parents. Therefore, the people find that in adoptive and foster care placement of minor children all consideration must be given to the well-being of the child, and that sound, natural family relationships are the most important initial consideration of that well-being. The people further find that there is a compelling state interest in the adoptive and foster care placement of minor children, if at all possible, in sound, married, male-female households. Therefore, the people establish that: Neither the state of Washington nor any political subdivision nor any agency of the state shall, for purposes of adoptive or foster care, place any child into the custody of a person who practices homosexuality, or who is participating in a same-gender marriage or domestic partnership. Placement of minor children made prior to the effective date of this act is not affected by this section. (1) Nothing in this section shall be construed to permit the state or any agency of the state to take or remove any child from the custody of the child's natural parent; and (2) Nothing in this section shall be construed to permit the state or any agency of the state to initiate inquiries into or undertake investigations of parents, or to otherwise violate the privacy of families, except as otherwise provided by law to monitor the continued well-being of children placed by the state for purposes of adoptive or foster care. {+ NEW SECTION. +} Sec. 3. A new section is added to chapter 26.33 RCW to read as follows: For purposes of section 2 of this act: (1) "Person who practices homosexuality" means any person who engages in sexual activity with individuals of the same gender or has a sexual desire for a person of the same gender, as determined by the individual's willingness to be openly self-identified with those desires. (2) "Gender" means the natural gender that was known at or before birth. (3) "Domestic partnership" means any cohabitive arrangement between two persons who have not committed themselves to each other through marriage. {+ NEW SECTION. +} Sec. 4. The people intend that this act be liberally construed to provide the greatest possible assurance that all adoptive and foster care placements of minor children are made in the best interest of the child with the well-being of the child being of primary concern. {+ NEW SECTION. +} Sec. 5. This act shall in all parts be self- executing. A person residing in the state of Washington or a nonprofit entity doing business in this state has standing to enforce the provisions of this act. {+ NEW SECTION. +} Sec. 6. The people intend that, if any part of this act is declared unconstitutional by a court of competent jurisdiction, the remaining parts survive in full force and effect; and, if the application of this act to any particular person or circumstance is ruled unconstitutional by a court of competent jurisdiction, its application to other persons and other circumstance shall not be affected. {+ NEW SECTION. +} Sec. 7. In the event that a conflict arises between this act and any other provision of law, the policies and purposes of this act shall govern. --- END ---