State v. Denton
983 P.2d 693, 97 Wash. App. 267 (1999)
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Rule of Law:
In Washington, a ceremonial marriage is not invalidated by the failure to obtain a marriage license because the state's licensing statute is regulatory and does not contain an express legislative declaration that an unlicensed marriage is void.
Facts:
- In 1986, Mark Denton, along with other officers of the Bellevue Jaycees, opened a bank account for a charitable fundraiser for the SIDS Foundation.
- The Bellevue Jaycees disbanded in 1989, but the bank account, containing over $2,000, remained open and inactive.
- Mark Denton and Leona Rosser participated in a religious wedding ceremony and subsequently lived together and held themselves out as husband and wife, but they never procured a marriage license.
- In 1996, Denton decided to withdraw the funds from the dormant Jaycees bank account for his own personal use.
- To access the funds, Denton told an acquaintance, Jill Bowersox, that the money was for the SIDS Foundation and had her, his wife Rosser, and his daughter sign a new signature card for the account.
- Denton, with Bowersox's help, then withdrew the funds, receiving a cashier's check for $2,610.38 which he deposited into his personal bank account.
Procedural Posture:
- The State charged Mark Denton with theft in a Washington trial court.
- Before trial, Denton moved to prevent his wife, Leona Rosser, from testifying against him by invoking the spousal testimonial privilege.
- The State argued the marriage was invalid because the couple had not obtained a marriage license.
- The trial court agreed with the State, ruled the marriage invalid, and allowed Rosser to testify against Denton.
- A jury convicted Denton of theft.
- Denton appealed the conviction to the Washington Court of Appeals, arguing the trial court erred in refusing to apply the spousal privilege.
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Issue:
Does the failure to procure a marriage license invalidate a ceremonial marriage in Washington, thereby precluding the application of the spousal testimonial privilege?
Opinions:
Majority - Becker, J.
The failure to procure a marriage license does not invalidate an otherwise valid ceremonial marriage for the purpose of invoking the spousal privilege. The court reasoned that Washington's statutory requirement for a marriage license is purely regulatory, not essential to the validity of a marriage. Relying on common law principles and long-standing precedent, the court held that unless the legislature expressly states that a marriage without a license is void, the marriage is valid. The state's policy strongly favors upholding marriages, and the penalty for failing to obtain a license is a misdemeanor, not the invalidation of the marriage itself. Because Denton and Rosser were willing and able to marry and participated in a formal ceremony, their marriage was legally valid, entitling Denton to exercise the spousal privilege.
Analysis:
This decision reaffirms the strong common law presumption in favor of marriage validity in Washington. It clarifies that statutory requirements for marriage, such as obtaining a license, are merely regulatory unless the legislature explicitly states that non-compliance voids the marriage. This precedent solidifies the scope of the spousal privilege, ensuring it applies to all otherwise valid ceremonial marriages, regardless of licensing technicalities. Consequently, future attempts to invalidate a marriage based on purely procedural defects are unlikely to succeed unless a statute contains clear, express language of invalidation.
