BP BHEAD INT H [Atlas:Generic]

AN ACT Relating to prohibiting gender discrimination in the granting of civil marriage licenses; amending RCW 26.04.010, 26.04.020, and 26.04.210; adding a new section to chapters 4.08, 4.20, 5.60, 6.13, 6.15, 6.27, 9A.16, 9A.76, 11.02, 11.04, 11.80, 26.04, 26.09, 26.16, 26.20, 26.33, 41.16, 41.18, 41.24, 41.28, 41.44, 42.17, 43.20B, 51.32, 59.20, 60.04, 64.04, 64.28, 65.12, 70.123, 71.09, 72.01, 72.36, 74.13, 74.42, 87.03, 89.12, and 91.08 RCW; creating new sections; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature and the people of the state of Washington find that strong, healthy families promote social stability and economic growth, and that these families are supported and protected by the contractual obligations and benefits conferred by civil marriage licenses.

NEW SECTION. Sec. 2. It is a compelling interest of the state of Washington not to discriminate against otherwise-qualified candidates for a civil marriage license on the basis of the gender of the applicants.

Sec. 3. RCW 26.04.010 and 1973 1st ex.s. c 154 s 26 are each amended to read as follows:

Marriage is a civil contract which may be entered into by persons of the age of eighteen years, who are otherwise capable((~~: PROVIDED, That~~)) regardless of the gender of the parties. Persons of the same gender have the right to enter into a civil marriage contract in the same manner and with the same force and effect as persons of the opposite gender. Every marriage entered into in which either party shall not have attained the age of seventeen years shall be void except where this section has been waived by a superior court judge of the county in which one of the parties resides on a showing of necessity.

Sec. 4. RCW 26.04.020 and 1927 c 189 s 1 are each amended to read as follows:

Marriages in the following cases are prohibited:

(1) When either party thereto has a ((~~wife or husband~~)) spouse living at the time of such marriage.

(2) When the parties thereto are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law.

(3) It ((~~shall be~~)) is unlawful for ((~~any man~~)) a person to marry ((his father's sister, mother's sister, daughter, sister, son's daughter, daughter's daughter, brother's daughter or sister's daughter; it shall be unlawful for any woman to marry her father's brother, mother's brother, son, brother, son's son, daughter's son, brother's son or sister's son)) the person's sibling, child, grandchild, aunt, uncle, niece, or nephew.

Sec. 5. RCW 26.04.210 and 1995 c 301 s 78 are each amended to read as follows:

(1) The county auditor, before a marriage license is issued, upon the payment of a license fee as fixed in RCW 36.18.010 shall require each applicant therefor to make and file in the auditor's office upon blanks to be provided by the county for that purpose, an affidavit showing that if an applicant is afflicted with any contagious sexually transmitted disease, the condition is known to both applicants, and that the applicants are the age of eighteen years or over. If the consent in writing is obtained of the father, mother, or legal guardian of the person for whom the license is required, the license may be granted in cases where the ((~~female~~)) applicant has attained the age of seventeen years ((~~or the male has attained the age of seventeen years~~)). Such affidavit may be subscribed and sworn to before any person authorized to administer oaths. Anyone knowingly swearing falsely to any of the statements contained in the affidavits mentioned in this section shall be deemed guilty of perjury and punished as provided by the laws of the state of Washington.

(2) The affidavit form shall be designed to require a statement that no contagious sexually transmitted disease is present or that the condition is known to both applicants, without requiring the applicants to state whether or not either or both of them are afflicted by such disease.

NEW SECTION. Sec. 6. Any reference in this chapter to "husband" or to "wife" shall be construed to refer also to any spouse and any reference to "husband and wife" shall be construed to refer also to all spouses.

NEW SECTION. Sec. 7. Section 6 of this act constitutes a new section in each of the following chapters: 4.08, 4.20, 5.60, 6.13, 6.15, 6.27, 9A.16, 9A.76, 11.02, 11.04, 11.80, 26.04, 26.09, 26.16, 26.20, 26.33, 41.16, 41.18, 41.24, 41.28, 41.44, 42.17, 43.20B, 51.32, 59.20, 60.04, 64.04, 64.28, 65.12, 70.123, 71.09, 72.01, 72.36, 74.13, 74.42, 87.03, 89.12, and 91.08 RCW.