Civil Marriage Questions


> First of all, do you do gay marriages? If you
> don't, do you know of anyone that does?

      This year, Vermont passed the Marriage Equality Act, effective September 1, 2009. I am pleased to perform marriages and civil unions. No civil union certification will be valid if performed on or after September 1, 2009.
      Any Vermont clergy members who are ordained or licensed, any supreme court justice, superior court judge, district judge, judge of probate, or assistant judge (we call them "side judges"), and all Justices of the Peace, may perform a wedding or a civil union service. Although we all typically perform ceremonies in our own counties, any of us may officiate anywhere in Vermont.

> I am looking for information on how my girlfriend
> and I can get married. We don't live in Vermont, and
> even though we are married in our hearts, we want
> to marry as legally as we can. We don't even
> know how to start.

      Vermont passed the civil marriage act this year. A Vermont marriage now offers the legal benefits, protections and responsibilities of spouses to same sex couples. If you want to be joined in civil marriage, please make sure you satisfy the Vermont criteria shown in the link below.
      Both parties in a civil marriage receive all the benefits, protections and responsibilities under Vermont law, whether they derive from statute, administrative or court rule, policy, common law or any other source of civil law.

> If we don't live in Vermont, can we still marry
> there? How long would we have to be in
> Vermont if we can marry?

      Even if neither of you are Vermont residents, you may qualify for a civil marriage here. There is no residency requirement, waiting period, or blood test. At least one of you will have to obtain a civil union license in person from any Vermont Town Clerk (most Town Clerks are open at least Mon-Fri 9 AM - 12 Noon and 1 PM - 4 PM). The cost of the license is $20. A marriage or civil union must be completed within sixty days after the license is issued.
      You need to stay only as long as it takes to pick up your license and enjoy your ceremony, so presumably you could fly in and out in one day. We do encourage you to stay at least an extra day ro two, because Vermont is a lovely vacation destination.

> If you do the marriages, do we need to call and plan
> ahead for a day or can we just come any day and get
> married? We want to elope but I'm not sure if we can
> just come or if we have to set a date first.

      There is no residency requirement, waiting period, or blood test for either a marriage or a civil union. At least one of you will have to obtain your license in person from any Vermont Town Clerk (many Town Clerk's hours are Mon-Fri 8 AM - 12 Noon and 1 PM - 4:30 PM). Most town clerks prefer to see both of you in person before issuing your license. The license costs $45 and is valid for 60 days from the date it is issued; you must hold your wedding ceremony within that time or the license becomes void.

> Do we have to bring a witness that's family related or
> anything? If so or if not, will there be any witnesses
> there that will see, and if so how many? Are there any
> witnesses that are provided for us?

      Vermont does not require witnesses for either a civil marriage or a civil union.

> Do you take pictures or do we have to bring a
> photographer to take our wedding pictures?
> If you can do it, how much does it cost and
> how many pictures can we have done?

      Most JPs are not photographers. Vermont has many excellent wedding and portrait photographers. If you decide to hold your ceremony here in Franklin County, I will be happy to recommend some.

> Are we able to get a marriage license? If so how
> much does it cost? How do we get one? Is there
> any paperwork we have to fill out to get one?

      At least one of you will have to obtain your license in person from any Vermont Town Clerk (many Town Clerk's hours are Mon-Fri 8 AM - 12 Noon and 1 PM - 4:30 PM). The license costs $45 and is valid for 60 days from the date it is issued.

> Are there any other forms or paperwork we have
> to fill out before or after we get married? Do we
> have to pay for anything else besides the marriage?

      Only the license. It is also customary to pay the officiant.

> After we are married will she have my last name,
> or is this something that the same sex couples
> can't do?

      The name change is pro forma for civil marriages.

> Do we have the same equal marriage rights as a
> regular straight couple would?

      The answer to this is "yes, but..."
      I am not an attorney. It is my understanding that, in Vermont, civil marriage partners have all of the same rights and responsibilities as are granted in a heterosexual union. Other states may or may not grant the same rights.
      I encourage you to read the actual civil marriage statute. The Vermont Secretary of State has an online guide to civil marriages here. That page also has a link to the law itself.

> Is a Civil Marriage permanent like a church marriage?

      Yes.
      I urge you to read the actual Civil Marriage statute before planning your ceremony. Civil Marriages have legal requirements in all states but the benefits are recognized (so far) only in Vermont.
      The Vermont Secretary of State has an up-to-date guide to Civil Marriages online. That page also has a link to the law itself.
      Call me or email if you want more information.


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