Justice of the Peace Associations
Newsletter


   Winter 2003

In This Issue:

Same Sex Marriage

Q and A from CT JPs
    JP for Life?
    Out of State Couple
    Wedding by Proxy

Your Comments
    New Rules for Licenses

Justice of the Peace Survey

Special Offer on
License Plate Frames

At Long Last, the Promised Survey

We asked and you said "Send us questions." So here they are, on issues both perennial and up-to-the minute. We encourage you to participate, either anonymously or for attribution. You'll find it at the end of this newsletter.

Same Sex Marriage: a new frontier

By now it's old news: on Nov. 18, 2003, the Massachusett Supreme Court ruled that gays have the right to marry, rejecting the argument  that  the constitution denied same-sex couples from marrying.  Here is the crux of the 4-3 opinion, written by Chief Justice Margaret Marshall:

Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial, and social benefits.... The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not.

The response to the decision has been non-stop and will no doubt continue. The president has condemned the decision. Massachusetts is considering its options. After the state Supreme Court in Vermont  issued a similar decision four years ago, the legislature created a new status called "civil unions," which provides virtually all of the state-sponsored protections, responsibilities, and benefits of marriage. California has enacted a domestic partnership law, to take effect in 2005, that provides the same benefits to gay couples as to heterosexuals. Yet other states that have confronted the issue (Alaska and Hawaii) have amended the state constitution to define marriage as a ceremony between a man and a woman.   

As wedding officiants, what do you think? You have a chance to voice your opinion in our survey below.


Questions and Answers from Connecticut JPs
    Q: In Connecticut, is being a JP a position "for life" or until you resign? This is my first term, but it is my understanding that my term will continue to be renewed/extended ad infinitum. Howard Diamond, Fairfield    
     A:
  Although reappointment is not a sure thing, it is quite likely so long as there are more slots than candidates. If more people want to be JPs then there are slots, Larry Gemma reports that in Groton, candidates draw straws, and the "short straws" lose. 
        But towns and cities have a lot of flexibility in how they handle the situation. The state only determines the number of JPs that can be appointed in each town (proportional to the number of registered voters). Then that number is allocated 1/3 Republicam, 1/3 Democrat, and 1/3 Independent (or unaffiliated). In total, there are about 8000 JPs in the State.
         Every four years (coinciding with Presidential elections), the two major parties submit their lists of designees to the town clerk. (Whether renewal is "automatic" depends on the party leader, who has the power.) The 1/3 set aside for the unaffiliated is a fresh lottery each time. So, make sure you register in the party of your choice (or un-register, if your chances are better that way) and make your intentions known to the party leader. The current term for all Connecticut JPs expires in one year, on Jan 3, 2005.
    Q: I have had several weddings where both the bride and groom live out-of-state and they have chosen to be married in Connecticut. What are the procedures and what sort of ID do they have to show?  Wally Meyer, Westport     A: You don't have to be a Connecticut resident to be married here, but you MUST take out your license in the town where the ceremony will be performed. The ID can be anything that "identifies" the applicants...but an official ID with photo (e.g. driver's license) is best.
     Q: Is there such thing as wedding by proxy?                  Will Child, Putnam      A: Every couple getting married in Connecticut has to have a marriage license and the only way you can get one is to appear IN PERSON at the Town Clerk's office. It's a good idea to check to make sure the persons you're marrying are the ones on the license. Sorry, no proxies...
Comments from JPs on New Rules for Obtaining a Marriage License in Connecticut
Prior to October 1, a couple had to apply for their marriage license in the town in which the wedding was to take place. Since then, the license may also be obtained from the town in which either of them resides.  
I was not aware that the law was messing with the application town. That's a mistake, to my way of thinking, and will cause problems down the road. This adds to the confusion, and adds a needless layer of bureaucracy.  It increases the chance for the license to be lost between the "issuance" town and the "occurrence" town, and puts a needless burden on the "issuance" town clerk.                                 Robert Warner, Hebron, CT

Here it is... the long-awaited SURVEY of Justices of the Peace
        A. About You
1. Are you male      female ?
2. Are you  Republican  Democrat     unaffiliated      other ?
3. Your age: under 30    30-40    40-50     50-65    over 65
4. How long have you been a JP? years
B. About Your JP Role
1. Briefly, why did you become a JP?
2. At approximately how many weddings do you officiate per year?
3. What percentage of your clients choose you because...  (Percentages should total about 100%.) 
          they know you     recommendation     town clerk list      
          JP website       other     
            Please describe other
4. What percentage of your weddings are multi-faith or multi-cultural?     
5. Do you consider that the fee you charge for a wedding service is 
         low   average      high?    Comment:
6. Do you meet with the couple before the Service?       
            Always  Never    Sometimes
            Comment:
7. Who writes the Service?  
            I do   The couple   We work together 
             Comment:
8. Would you share a memorable moment (amusing or difficult or embarrassing)  you have experienced as a JP?
            
        C. Your Opinions
1. Are you in favor of marriage between same-sex couples?  yes   no
2. Would you officiate at such ceremonies? yes   no
3. Would you prefer that a same-sex relationship be recognized as a "civil union" as Vermont does, with all the rights and responsibilities of conventional marriage? 
             yes   no
4. Would you officiate at such ceremonies?   yes   no
5. Further comments on this subject? 
D. General
1. May we quote you by name?   yes   no  (If no, we won't!)
2. Your Name  
3. Email address   
4. Other comments or suggestions for future columns?