Civil Unions

Civil unions between same sex couples became legal in Vermont in 2000, in Connecticut in 2005, in New Jersey in 2007, and in New Hampshire, effective Jan. 1, 2008. The law in all states ensures that gay couples who have been legally united receive all of the same rights, benefits and obligations as given to heterosexual couples inside the state. The U.S. government does not recognize these civil unions.

HOWEVER, in 2009 a rush of marriage equality laws have pushed civil unions onto the back burner -- and eventually off the stove completely in most states.

The new marriage equality law in Vermont, effective September 1, 2009, discontinues the need for the separate status of “civil unions.” Civil unions entered into prior to September 1 will continue to be recognized as civil unions. Couples currently in a civil union who want to be married will need to go through the new marriage process. For more information, please call 802-828-2148 or visit www.sec.state.vt.us and click on “Marriages.”

Connecticut's marriage equality law redefined marriage as the legal union of two people (rather than of a man and a woman, the previous definition), in conformance with the state Supreme Court's landmark ruling the previous year. The law will end civil unions on Oct. 1, 2010, when all existing civil unions will become marriages unless they have been annulled or dissolved.

SCHEDULE F: Civil Unions

Today we are here to join you to share in the joy of this occasion, which should be one of the most memorable and happy days of your life.

On this day of your union, you stand somewhat apart from all other human beings. You stand within the charmed circle of your love; and this is as it should be. But love is not meant to be the possession of two people alone. Rather it would serve as a source of common energy, as a form in which you find the strength to live your lives with courage. From this day onward you must come closer together than ever before, you must love one another in sickness and in health, for better and for worse, but at the same time your love should give you the strength to stand apart, to seek out your unique destinies, to make your special contribution to the world which is always part of us and more than us.

Being assured that you are aware of the meaning of this ceremony, I will now ask you to repeat the vows.

1. DOUBLE RING CEREMONY

Do you, ___________ , take this woman/man/person ___________ , to be your lawful joined partner, to love, honor and cherish her/him through sickness and in health, through times of happiness and travail, until death do you part? (Place the ring upon her/his finger and repeat after me.) With this ring, I thee join, and forever pledge my devotion.

Do you, ___________, take this woman/man/person, ___________, to be your lawful joined partner, to love, honor and cherish her/him through sickness and in health, through periods of tranquility and travail, until death do you part? (Place the ring upon her/his finger and repeat after me.) With this ring, I thee join, and forever pledge my devotion.

2. SINGLE RING CEREMONY

Do you, ___________, take this woman/man/person ___________, to be your lawful joined partner, to love, honor and cherish her/him through sickness and in health, through times of happiness and travail, until death do you part? (Place the ring upon her/his finger and repeat after me.) With this ring, I thee join, and forever pledge my devotion.

3. NO RING CEREMONY

Do you, ___________ , take this woman/man/person, ___________, to be your lawful joined partner, to love, honor and cherish her/him through sickness and in health, through times of happiness and travail, until death do you part?

(The parties are now directed to join hands.)

Having joined hands, the person officiating will say:

"By the act of joining hands you take to yourself the relation of partners in life and solemnly promise to love, honor, comfort and cherish each other so long as you both shall live. Therefore, in accordance with the law of Connecticut and by virtue of the authority vested in me by the law of Connecticut I do pronounce you partners in life."

CLOSE OF CEREMONY

"You came to me as two single people and you will now leave as a joined couple, united to each other by the binding contract you have just entered. Your cares, your worries, your pleasures and your joys you must share with each other. The best of good fortune to both of you."

VI. Performing Marriages/CIVIL UNIONS

Many Justices of the Peace are called upon to perform marriages/civil unions. The following is a listing of the most commonly asked questions concerning this duty and their answers.

Question: Is there something the justice of the peace should do when presented with the marriage/civil union license prior to performing the ceremony?

The Justice of the Peace should read the marriage/civil union license carefully and determine that the following items are in order:

1. Verify that the individuals are the persons who are named on the license.

2. The signatures of the individuals and registrar of vital statistics must be on the marriage/civil union license.

3. If the bride, groom is under Age 18, assure that parental consent has been recorded on the back of the license. (Note this is note applicable to civil unions)

4. If the bride, groom is under Age 16, assure that the Judge of Probate for the district in which the minor resides has given a written endorsement of consent on the back of the license.(Note: this is not applicable to civil unions)

5. Be sure the time period of the license hasn't expired prior to the ceremony. The Justice of the Peace should complete the certificate in BLACK INK, sign it, and mail it to the registrar of vital records of the town where the marriage/civil union was performed. DO NOT give the certificate back to the bride, groom or partners. Filing the license is the Justice of the Peace's responsibility.

Question: Can I change any information on the license if the bride, groom or partner say that it is wrong?

No. All changes, corrections, or amendments are the responsibility of the registrar of vital statistics who issued the license.

Question: How many witnesses are needed?

The Connecticut General Statutes do not require witnesses to the marriage. The marriage is performed by an official empowered by statute to do so. Different religions may require a varying number of witnesses.

Question: How soon after the ceremony do I have to return the license?

The marriage license should be returned to the town in which the marriage/civil union took place as soon as possible. Conn. Gen. Stat.§46b-34 and Public Act 05-10 (2005) indicate the license must be returned before or during the first week of the month following the marriage. It is the responsibility of the person performing the marriage to return the license - DO NOT give it to the bride, groom or partner to return. However, if any person fails to return the certificate to the registrar, as required, the persons joined in marriage/civil union may provide the registrar with a notarized affidavit attesting to the fact that they were joined in marriage/civil union and stating the date and place of the marriage/civil union. Upon the recording of such affidavit by the registrar, the marriage/civil union of the affiants shall be deemed to be valid as of the date of the marriage stated in the affidavit.

Question: Could some standard form of marriage/civil union ceremony be provided?

See Schedule E or Schedule F.

Question: Do I have anything to give the bride, groom or partners such as a certificate or proof of marriage/civil union?

No. There is nothing officially required although many Justices of the Peace have created their own personalized certificates to give to the couple as a memento. These certificates have no legal status.

Question: What is the acceptable fee to charge?

This depends on the nature of the service performed and the amount of effort expended by the Justice of the Peace. No statutory reference is made with respect to how much money a Justice of the Peace may charge; however a fee should be discussed and agreed upon by the parties in advance of the ceremony.

Question: Can marriage/civil union be performed by justices of the peace anywhere in this State?

A Justice of the Peace can perform a marriage/civil union in any town in Connecticut. Remember, the marriage/civil union license must be issued by the registrar of vital statistics either in the town in which the marriage/civil union will take place or where either person to be joined in marriage/civil union resides.

Question: Can a justice of the peace perform marriage/civil union out of State?

No. The Justice of the Peace has jurisdiction only in Connecticut.

Question: Can a justice of the peace perform the marriage/civil union ceremony for his own child?

The Justice of the Peace may perform the marriage/civil union of any member of his/her family.

Question: What are the marriage/civil union laws?

See Appendix and Public Act 05-10 (2005).