Wash. Rev. Code » Title 26 · Chapter 26.04
Revised Code of Washington

Wash. Rev. Code § 26.04.210 (2026)

✓ current as of May 2026
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(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 18 years or over. Such affidavit may be subscribed and sworn to before any person authorized to administer oaths.
(2) Anyone knowingly swearing falsely to any of the statements contained in the affidavits mentioned in this section is guilty of perjury under chapter 9A.72 RCW.
(3) 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.
(4) Any person knowingly violating this section is guilty of a class C felony and shall be punished by a fine of not more than $1,000, or by imprisonment in a state correctional facility for a period of not more than three years, or by both such fine and imprisonment.
[ 2024 c 10 s 3; 2003 c 53 s 166; 1995 c 301 s 78; 1985 c 82 s 5; 1979 ex.s. c 128 s 2; 1973 1st ex.s. c 154 s 29; 1970 ex.s. c 17 s 5; 1963 c 230 s 4; 1959 c 149 s 3; 1909 ex.s. c 16 s 3; 1909 c 174 s 3; Code 1881 ss 2391, 2392; 1867 p 104 s 1; 1866 p 83 ss 13, 14; RRS s 8451.]

Notes:

Application—2024 c 10: See note following RCW 26.04.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Notes of Decisions
Cited in 6 cases, 1974–2006 · leading case: Roper v. Simmons, 543 U.S. 551 (2005).
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Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “1 , 20-48, 20-49 (Lexis 2004) Washington 18 Wash. Rev. Code Ann. § 26.04.210 (West 2005) West Virginia 18 W.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Wash. Rev. Code § 26.04.210 (1987) W. Va.”
State v. Furman, 858 P.2d 1092 (Wash. 1993). · cites it 2× “070 (restricting a juvenile's right to serve on a jury); RCW 26.04.210 and RCW 26.28.015(1) (restricting a juvenile's right to marry); RCW 26.”
Andersen v. King Cnty., 138 P.3d 963 (Wash. 2006). “230, § 1); RCW 26.04.210 and its antecedents (referring to affidavits required for issuance of marriage licenses and referring to the male and the female).”
Andersen v. King Cnty., 158 Wash. 2d 1 (Wash. 2006). “230, § 1); RCW 26.04.210 and its antecedents (referring to affidavits required for issuance of marriage licenses and referring to the male and the female).”
Singer v. Hara, 522 P.2d 1187 (Wash. Ct. App. 1974). “Further, RCW 26.04.210, relating to the affidavits required for the issuance of a marriage license, makes reference to “the male” and “the female” which clearly dis *250 pels any suggestion that the legislature intended to authorize same-sex marriages.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.