BILL REQ. #:  H-0346.2 

Read first time 01/31/13.   Referred to Committee on Judiciary.

     AN ACT Relating to solemnizing marriages; amending RCW 26.04.050 and 26.04.070; and adding a new section to chapter 26.04 RCW.

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

Sec. 1   RCW 26.04.050 and 2012 c 3 s 4 are each amended to read as follows:
     The following named officers and persons, active or retired, are hereby authorized to solemnize marriages, to wit: Justices of the supreme court, judges of the court of appeals, judges of the superior courts, supreme court commissioners, court of appeals commissioners, superior court commissioners, judges of courts of limited jurisdiction as defined in RCW 3.02.010, elected officials in the executive or legislative branch of state, county, or municipal government, and any regularly licensed or ordained minister or any priest, imam, rabbi, or similar official of any religious organization((, and judges of courts of limited jurisdiction as defined in RCW 3.02.010)).

NEW SECTION.  Sec. 2   A new section is added to chapter 26.04 RCW to read as follows:
     An elected official in the executive or legislative branch of state, county, or municipal government is not required to solemnize any marriage, and is immune from any civil claim or cause of action based on a refusal to solemnize any marriage.

Sec. 3   RCW 26.04.070 and 2012 c 3 s 6 are each amended to read as follows:
     In the solemnization of marriage no particular form is required, except that the parties thereto shall assent or declare in the presence of the minister, priest, imam, rabbi, or similar official of any religious organization, elected official, or judicial officer solemnizing the same, and in the presence of at least two attending witnesses, that they take each other to be spouses.