Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1975 NO. 5 >

Insofar as legal residence for voting purposes is concerned, and for all other purposes, the common-law rule that the domicile of a married woman is the same as that of her husband unless they are separated has been abrogated by the adoption of Article XXXI, § 1 (Amendment 61) of the Washington constitution, commonly referred to as the "equal rights" amendment.

AGO 1984 NO. 13 >

A lawyer (including a retired former judge) who does not otherwise hold a judicial office but who has been appointed to serve as a judge pro tem of a superior court pursuant to RCW 2.08.180, as a judge pro tem of the court of appeals pursuant to RCW 2.06.150, or as a justice pro tem of the State Supreme Court pursuant to Wash. Const., Art. IV, § 2(a) is not thereby authorized to solemnize marriages under RCW 26.04.050.

AGO 1971 NO. 15 >

(1) A married woman does not have to be physically residing in the same place of abode as her husband at the time of termination of her pregnancy under RCW 9.02.070 in order for his consent thereto to be required.(2) A married woman should be regarded as "residing" with her husband to the extent that his consent to a termination of her pregnancy under RCW 9.02.070 is required, where the only reason for his absence from her place of abode is his employment; e.g., military or civil service overseas.(3) If a married couple is living separate and apart either because of the husband's desertion or some other breakdown of the marital relationship, the husband's consent to the termination of his wife's pregnancy under RCW 9.02.070 is not required even though no legal separation (e.g., decree of separate maintenance under RCW 26.08.120) has been granted.

AGO 1963 NO. 29 >

Section 3, chapter 230, Laws of 1963 (cf. RCW 26.04.180), which provides that a marriage license issued pursuant to the provisions of that chapter shall be void if the marriage is not solemnized within thirty days of the date of issuance of the license applies only to those licenses issued after, and not before, the effective date of the act, June 13, 1963.

AGO 1988 NO. 30 >

That portion of RCW 26.04.210 which requires applicants for marriage licenses to make and file with the county an affidavit showing they are not afflicted with any contagious venereal disease is still enforceable, and was not repealed or amended by chapter 206, Laws of 1988 (an act relating to AIDS and other sexually transmitted diseases).

AGO 1958 NO. 167 >

Solemnization of marriage may be performed by one who is either a regularly licensed or ordained minister or priest or who is so authorized to solemnize or attest thereto as the presiding, officiating, or recording officer of a religious organization.

AGO 1950 NO. 367 >

The County Auditor should not issue a marriage license where the application shows that the male is over twenty-one, but the application further either shows that the female is under eighteen or the County Auditor has knowledge that such female is under eighteen, and where the parents of the female do not consent to such marriage, nor is there any affidavit that the female is over eighteen years of age.