‘Millionaires tax’ is unconstitutional. Tell Gov. Ferguson to veto | Opinion

Ten times in the past 90-plus years, Washington voters or the state Supreme Court have rejected efforts to impose a state income tax. In 2024, legislators went further by passing Initiative 2111, which explicitly bans personal income taxes at every level of government.

Yet, here we are in 2026, watching income-tax proponents in the Legislature treat the will of the people — and the laws of our state — like a mere suggestion. By passing a new income tax (falsely dubbed a “millionaires” tax for marketing purposes), legislative supporters haven’t just set the stage to hike your cost of living; they have committed an affront to the constitution they are sworn to uphold.

Every member of the House and Senate, along with the governor, takes an oath to support the state and federal constitutions. That oath is a binding promise. Lawmakers have a fundamental obligation to only support legislation if they have a good-faith belief it is constitutional.

The facts haven’t changed since 1930, when the people amended our state constitution to make it clear that income is property, and taxes on property must be uniform. You cannot tax one person at 0% and another at 9.9%. For nearly a century, our courts have upheld this. What has changed since the voters last said “no?” Absolutely nothing — except for the audacity of the politicians in charge.

The Democrats could have constructed a uniform 1% income tax at any point. That would have been honest and constitutional, although it would have been illegal under I-2111. Instead, these far-left lawmakers concocted a plan that is 100% unconstitutional because it fails the uniformity test. To support such a measure is a dereliction of duty.

Don’t be fooled by the branding. This is a tax on everyone. As written, the law exempts the first million dollars of income, but that exemption can be changed at any time with a simple majority vote. Republicans gave Democrats multiple chances to vote for amendments that would lock in that million-dollar threshold; each was rejected.

The groundwork is laid to ratchet down the exemption to include more Washingtonians. History shows that once an income tax is established, the “threshold” never stays high. They will eventually come for the middle class and your pensions — a point made clear during the marathon 24-hour House debate.

The new law also imposes a marriage penalty that is a slap in the face of Washington families. Because the $1 million threshold is not doubled for married couples, the law hits those who make less than a million but are married. It is a targeted strike on the institution of the family.

Proponents tell you to “let the courts sort it out.” This is a coward’s shield. Our state’s highest court has been reshaped by a pattern of strategic resignations and gubernatorial appointments. By timing retirements so the governor can hand-pick successors, the executive branch has bypassed voters, creating an increasingly politicized bench that leans on “creative” theories rather than the plain text of the constitution.

So no, let’s not leave it up to the foxes to guard the henhouse.

The governor has a final responsibility to veto unconstitutional measures. Contact Gov. Bob Ferguson’s office today. Tell him to uphold his oath and veto the income tax. If it is already too late, hold him to task for his failure to do so. Washington’s constitution is not a hurdle to be bypassed by clever schemes. Anything less is a betrayal of the public trust.

Sen. Jim McCune, R-Graham, represents Washington’s 2nd Legislative District.