BILL REQ. #:  H-1799.1 

Read first time 02/28/2003.   Referred to Committee on Juvenile Justice & Family Law.

     AN ACT Relating to reaffirming and protecting the institution of marriage; amending RCW 26.04.020; creating new sections; and providing for submission of this act to a vote of the people.

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

NEW SECTION.  Sec. 1   This act shall be known and cited as the Washington state defense of marriage act.

Sec. 2   RCW 26.04.020 and 1998 c 1 s 4 are each amended to read as follows:
     (1) Marriages in the following cases are prohibited:
     (a) When either party thereto has a wife or husband living at the time of such marriage;
     (b) When the husband and wife 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; or
     (c) When the parties are persons other than a male and a female.
     (2) It is unlawful for any man 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 is 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.
     (3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited ((or made unlawful)) under subsection (1)(a)((, (1))) or (c) of this section, or unlawful under subsection (2) of this section.
     (4) The uniting of two persons in a nonmarital domestic relationship, including a civil union, domestic partnership, or other similar relationship when the persons are other than a male and a female is not valid in this state, and such a uniting of two persons recognized as valid in another jurisdiction is not recognized as valid in this state.
     (5) A person in a nonmarital domestic relationship shall not qualify for, or receive, any spousal, familial, or marital benefit, privilege, advantage, or entitlement, or any equivalent thereof, that is paid for, directly or indirectly, in whole or in part, with public funds.

NEW SECTION.  Sec. 3   This act is necessary for the preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions.

NEW SECTION.  Sec. 4   The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between this act and any other provision of law, the provisions of this act shall govern.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 6   The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation.