Justice of the Peace Associations
Newsletter
SPRING 2005
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In This Issue: |
This is an exciting time to be a Justice of the Peace in New England. With Connecticut's new civil union law, three of jpUS.org's four member states now grant gay couples the same "rights" as married couples. (Vermont was the first state to recognize civil unions. Massachusetts is still the only state in the country that extends to gay couples the right to marry.) Connecticut has the distinction of being the first state to grant gay couples rights via the legislature (not by court order, as in VT and MA). Is New Hampshire likely to follow suit? Not likely, says NH JP Bob Haefner. "It would take a NH Supreme Court ruling to force it and right now nothing like that is on the docket," he writes. If you're a NH JP, do you have another opinion? Send us an email!
The CT Civil Union Act
The Connecticut law, which becomes effective Oct. 1, 2005, grants to partners in a civil union "all the same benefits, protections and responsibilities as are granted to spouses in a marriage" -- whether those rights are spelled out in civil law, policy or statute. Partners in a civil union shall be included in the terms "spouse," "family," "immediate family," "dependent," "next of kin" or any other term denoting the spousal relationship. The bill restricts civil unions to same-sex couples over the age of 18. An amendment added by the State House defines marriage as the union of a man and a woman. The Senate passed the amended version 26-8.
Here's what JPs need to know about the new law:
Gov. Rell signing Civil Unions Act. Photo by Bob Child, AP
- A person is eligible to enter into a civil union if the union is not
incestuous and he or she is:
- Not a party to another civil union or a marriage
- Of the same sex as the other party to the civil union
- At least eighteen years of age or legally emancipated.
- Civil unions may be performed by any person who may legally marry couples in Connecticut, including Connecticut JPs.
- The civil union ceremony may be religious or not.
- Any officiant may refuse to perform a civil union without fine or other penalty.
- Before performing a civil union, the officiant must ensure that the couple has a valid license, i.e. issued within 65 days in the town where the ceremony will be performed or where either person resides.
- By the end of the first week of the month following the ceremony, the officiant must return the license to the town clerk where the ceremony took place, with the time and place of the civil union filled in.
Implementing the new law is the job of Elizabeth Frugale, Connecticut's Registrar of Vital Statistics. She will be mailing out a new application form for a Civil Union license to town clerks some time before September. She hasn't determined whether applications may be filed in advance of October 1, a Saturday, but says she is "leaning towards" allowing this so that the first ceremonies will occur on Oct. 1. Here's a link to Connecticut's An Act Concerning Civil Unions.
Note: The law is clear that Connecticut JPs may refuse to perform civil unions, whereas the wording for Vermont JPs is less explicit. In Vermont, a JP could be accused of discriminating on the basis of sexual orientation unless s/he based a refusal on other grounds. In Massachusetts JPs "may face personal liability if they do refuse to marry a couple based solely on sexual orientation." Worse, refusal "may constitute cause for removal of a Justice of the Peace's commission."
If you want to perform Civil Unions...
Even before the law was enacted, Connecticut JPs were contacting us about how to advertise their willingness to perform civil unions on www.findaJP.com. So, members, just send an email to civilunions@jpUS.org and we'll add Civil Unions to your listing. If you're not yet a member, now's the time! You can register online at jpUS.org/memberform.htm or print out the Membership form and mail it to us. We've added a place to indicate "Performs Civil Unions" on the form, which applies to Vermont JPs too. And here's another reason to join now...
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We're having a JP Conference! SAVE THE DATE: Saturday, September 24 |
Many of you have expressed support for the idea of a get-together and we need your help in making it happen. Thanks to JP Gene Spaziani who researched hotel availability and pricing and ruled them out as too costly for our initial event.
Please
come! Attendance is the single most important
thing you can do. Aiming for a large turnout, we are keeping the cost to a
minimum. Price includes admission to all program events, continental
breakfast and lunch. Tickets purchased in advance: $25 for www.jpUS.org
members, $30 for non-members At the door: $35 for all.
Please volunteer! An event like this takes a lot of helpful hands. Many of you have experience in these areas:
- Food: Coordinate catering/delivery of food, beverages, utensils, etc.
- Facility: Set-up, serving, clean-up.
- Programming: In addition to speakers from the State of CT and Town Clerks, how about a panel of experienced JPs answering questions about: wedding ceremonies, fees, the process, etc. Other ideas for programs?
- Publicity: We need JPs from every town in CT to contact their Town Clerks and ensure that all JPs learn of the event. We also need volunteers to inform local newspapers and radio stations. We'll provide an article template that you can use "as is" or amend with your own quotations.
- Homestays for out-of-state JPs. Perhaps Vermont and Massachusetts JPs would be willing to share their experiences performing Civil Unions (VT) and gay marriages (MA). New Hampshire JPs are also welcome. Let's reciprocate with overnight accommodations in CT. Sign up if you are able!
Thanks to all of you who have urged us to arrange this. Here's just a sampling of the emails we got in support of the idea. If you need convincing, hope this will do it!
"I agree that we should have a convention to discuss new ideas, new legislation, have seminars and just network. If I have to turn down weddings, I refer couples to our website. I'd like to personally know a few more JPs I can recommend for those multiple bookings." A. Christina Rovinelli, Bridgeport, CT
"I would be very interested in attending an open forum of learning and sharing amongst the CT JPs. I did meet one JP three years ago while we were getting our nails done at the same salon! This was the beginning of a wonderful relationship and we have sent clients to each other when our own schedule was filled. When you find another person with the same work ethic and love of weddings, the couple is thrilled to get a personal reference for another JP for their special day." Shelley Schulman, West Hartford, CT
"Would definitely attend a JP Symposium" Douglas Gregory, Southington, CT
"As a new JP, the chance to meet with other JPs and hear their stories (good & bad) sounds terrific. Put me down as YES." Andrea Spanierman, Orange, CT
"Great! Good for networking and getting some new ideas." Diana Carroll, Torrington, CT
Here is the JP Conference Registration Form that you will find online at www.jpus.org/conference.htm We're including it here for those who prefer to print it and mail it.
| A Wedding Ceremony Idea Carol J. Merletti, JP in Malden, MA, shares an idea for a wedding ceremony that she learned about from her friend, Richard Carson, who witnessed it in Holland: Before the ceremony, the couple is asked to each write a letter to one another, expressing their thoughts about the qualities that they found in their partner and their reasons for falling in love. Under no condition can they read each other's letter. They are to seal them and put them in a strong wooden box with two bottles of wine and two wine glasses, which they bring to the wedding. During the ceremony, the officiant tells the guests what's in the box and explains its purpose. Should the couple ever find their marriage in serious trouble, they must open the box, drink wine together, and read the letters that they wrote to one another to reflect on why they fell in love in the first place. The hope is that there will never be a reason to open the box (unless it's for a 25th anniversary!) At the wedding in Holland, members of the wedding party hammered the box shut. An option might be for the couple to do it themselves, if only to add that special touch to their wedding vows. I find this to be a most romantic (and coolest!) addition to incorporate into a marriage ceremony. |
Q: A couple contacted me about a wedding ceremony. He is an American citizen, and she is not. Is there any limitation on our authority in this regard? Daniel Sheff, Lexington, MA A: There is no citizenship requirement. As long as the couple have a license, you can proceed. Q: I am getting my first call to perform weddings in the summer/fall. As a new JP, do we use a contract to lock in the date, cost, etc? If so, is there a standard one? Andrea Spanierman, Orange CT A: Contracts are not worth much as they are not likely to be enforced. On the other hand, a "letter of understanding" confirming the dates, your services, and fee might not be a bad idea. I've had few cancellations and only a couple of "changed my minds" but I'm not strict about this. If a couple wants to "beg off" I let them. We're talking weddings here and mostly these are joyous occasions. Saul Haffner P.S. This was my answer to Andrea only a month ago. Today I'm feeling differently since a couple just informed me that they had engaged another JP for their wedding in October. And I had to call them to get the news! JPs, What do you do? Use a contract? Get a deposit? Write to us at newsletter@jpUS.org And here's another Question: My husband and I are both JP's and sometimes we have the wonderful opportunity to perform wedding or commitment ceremonies together. I wonder how many other couples do this? Sylvia Abbate, Cheshire CT |
Experienced JPs Give Their Tips for Success
- If you don’t promote your business, who will? I send a cover letter, cards and flyers to country clubs, high end restaurants and banquet facilities. I show up EARLY and check in not only with the couple but the coordinator/manager as well. I also send thank you cards and gifts to the managers/coordinators who give me a LOT of referrals. Eileen Cavanaugh, Branford CT
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I bought as many books as I could find and looked at just as many wedding web sites. I finally put together my own web site where other JPs can retrieve a sample ceremony and couples can get answers. Marie Watson Beverly MA
Simeon Korisky, Randolph, MA writes: When word came out that the
Mass. Legislature was once again discussing an increase in fees that JPs
may charge, I contacted my representatives. Hopefully this had some
effect. Meanwhile, when I did renew my appointment I noted that the
license fee has been reduced from $100 to $75.
Note: Unlike
Connecticut, Massachusetts prescribes the maximum fees that JPs may charge
for various services. If the ceremony takes place in the JP's home
community the maximum fee is $75; if performed in another municipality,
the maximum is $125. Additional fees for prenuptial counseling
conferences, rehearsals, and other special requests by the couple are
permitted, however. [from
mass.gov/legal/JOPguidelines.html
