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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
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