Justice of the Peace
Newsletter
winter 2008
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In This
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HAPPY NEW YEAR 2008 |
Despite the steadily increasing numbers of unmarried couple
households in the U.S., enough
couples are choosing to get married (or joined by civil union) to keep
JPs very busy in 2008. According to one
wedding industry market research firm, the number of
U.S. weddings is predicted to hold steady at about 2.3 million in 2008.
U.S. government reports, however, indicate a slightly
decreasing rate of marriage: from
2,249,000 marriages in 2005 to
2,160,000 in 2006 (the most recent year available).
Provisional totals for 2006
(published in August) for jpUS members' states: 17,382 marriages in CT,
38,494 in MA, 9,328 in NH, 32,846 in SC, 174,989 in TX, and 5,385 in VT.
We wish all our JPs who love to
unite couples good health, many happy ceremonies, and a more peaceful
world in which to perform them in 2008.
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Civil Unions Go Legal in New Hampshire As of January 1, gay couples may be joined in a civil union in New Hampshire, following the lead of Vermont, Connecticut and New Jersey. (Massachusetts is still the only state which sanctions gay marriage.) The requirements for obtaining a license are similar to those for marriages, as are the rules for officiants. NH Justices of the Peace will probably be the first choice for couples seeking a civil union. But NH also permits JPs from other states to officiate (at marriages too), as long as they are authorized to officiate in their own state. (Did you know that JPs in some states -- Rhode Island is one -- are not permitted to perform marriages?) Non-resident JPs must obtain a temporary license from the NH Secretary of State to officiate in NH. (Thank you to JP Marie Killackey for reminding us of this provision.) New Hampshire vital records officials estimate that 3,500 to 4,000 couples will get civil unions in 2008. |
South Carolina JP Joins www.jpUS.org (but it's not a growth opportunity!) Our new member, JP David Marsh, writes: At last count there were only three JPs left in South Carolina, and I am one of them (The other two are retired and no longer serve.) JPs were appointed by the Governor, are unpaid, and have a lifetime term. The authority originally given to JPs is now vested in the Notaries and the Municipal Judges. Today, it's pretty much an honorary title, with no real responsibilities except those any notary public would have, including conducting marriage ceremonies. Which is a good thing in my view. Our Governor pledged to stop waste and eliminate duplication and obsolescence. He has done a good job, and I support that effort. Personally, conducting marriages is the best and only part of the job I really like. I conduct a lot of "beach weddings" and have married couples from all over the US. I joined jpUS to broaden my advertising as an officiant, and because I'm one of the last that will ever be in this state. Notaries here are unpaid as they are most everywhere and can conduct weddings and take affidavits, depositions and of course, notarize documents. The Municipal Judges here sit for municipal code violations and misdemeanors. Even they must be a notary to conduct a wedding. Note: We at jpUS are putting together the status of JPs in the 50 states, which we'll circulate when ready. Is South Carolina's direction the wave of the future? Indeed, many states have already abolished the position of Justice of the Peace, transferring traditional JP duties to notaries and judges. We in New England are the holdouts. (And then there are states like Texas, where JPs are officers of the court. Let us know if you have information or an opinion on this topic. |
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...and findajp Revamps its Web Pages to celebrate.
As in Connecticut and Massachusetts, where JP listings are also separated by geographical area, New Hampshire JPs may elect to be listed on more than their "home" county page, especially if they wish to perform ceremonies statewide. (See www.jpUS.org for fees for additional listings.) New Hampshire JPs, tell us about your first civil unions. And if you're a member who wants to perform civil unions, don't forget to say so in your listing. |
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ON MARRIAGE and OFFICIATING |
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What Is the Officant Required to Say? Walt Tucker, Hamden, CT JP, has researched the question of whether Connecticut law requires the officant to utter any “pronouncement” of the marriage. His conclusion is No: "All that’s necessary is the presence of two parties and the officiant, and a ceremony in which the parties each consent to marriage. It's enough for the JP to hear both attest that they are the parties mentioned on the license and that they want to get married of their own free will. The JP can say Okie-dokey or anything else, or nothing! It's not a contract until the JP signs the license." Here's a guide to the laws affecting marriage in Connecticut, from the CT Judicial Law Library. Are the Rules Different in Your State? |
A different (and timely) opinion:
Do people really need the state’s permission to marry? Laws regarding marriage are relatively recent in the U.S. and Europe. "Using the existence of a marriage license to determine when the state should protect interpersonal relationships is increasingly impractical," according to historian Stephanie Coontz, who notes that half of all Americans aged 25 to 29 are unmarried and almost 40 percent of children are born to unmarried parents. Read the NY Times op-ed. Thanks to CT JP Marty Cobern for sending the article. Hyphenated names are so last year. Not only are more men assuming their brides' name at marriage, but other couples are choosing a totally new name to go by. Read the New York Times story. Any interesting change-of-name stories from couples you have married? Share them here. |
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Featured JP: Everett G Shepard III, Woodstock CT I have been fairly busy with marriage ceremonies in 2007. I actually had four weddings on 7/7/07, at 11 a.m., 1, 3 and 4:30 p.m. My experience is pretty evenly divided between full blown ceremonies with prior rehearsals & multiple edits and basic simple small ceremonies with no rehearsal.
There have
been several memorable ceremonies. I officially heard my brother's vows
with just my wife & me present and then we put on a show the next day
for family & friends in their Rhode Island back yard. I have
officiated one civil union in Killingly and it was very special with
just a mother & daughter who were friends of the couple present, but
the family of one half of the couple were listening in by speaker phone
from England! There have also been several ceremonies where the groom
was either in the military or about to leave for military service and,
as a veteran who also married 38 years ago while on active duty, these
occasions have been very special to me.
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