December 2009 Justice of the Peace Newsletter

      What the law does not state is when the town must return the license to the couple. Until recently, there was no waiting period. A couple could fill out the application and get a license back right away, ready to hand over to a local Justice of the Peace who would marry them.
     Since the advent of same-sex marriage a year ago, some Connecticut towns -- especially those closest to New York City -- have instituted wait periods that are noted on the Town Clerk websites. Greenwich's says: "License will be ready the following business day" after application is submitted. Both Stamford's and Norwalk's state: "You must wait at least one business day" before the license is ready.
      The towns blame a shortage of human resources for the new rules. But some JPs are objecting. "I think [the one-day wait] is wrong, wrong, wrong!" writes Wally Meyer of Westport. "All municipalities in CT should have the same rules.... When a couple from NYC ... learns that [the nearby] towns have a one day wait, they automatically think that is standard throughout CT."
     "It causes much difficulty for the couples, who frequently then decide to marry elsewhere," notes Trish Dayan of Stamford. "This applies to local couples, who cannot take off two days of work, and certainly to out-of-state couples who cannot or do not wish to have to stay in a hotel overnight. Both heterosexual and same sex couples have been affected."
      JPs in these towns complain that they are losing business to officiants in towns that complete the marriage license while the couple waits. Many towns' websites are very welcoming, telling couples to "Plan on spending about 20 minutes in the Town Clerk's Office." Westport's website adds, "We look forward to seeing you and wish you GOOD LUCK!"
      Most states have no official waiting period between the time a couple applies for and receives a license to marry. Of the states listed on www.findaJP.com, only Massachusetts has a 3-day wait period and South Carolina a 2-day wait.

What's your position? Does it make a difference? What do couples do while waiting in Massachusetts?

In Memoriam

Elise Klein
Although she herself was passi

onate about the rights of same sex couples, Elise Klein also understood that some JPs were uncomfortable at the prospect of officiating at same sex ceremonies. From the first JP Association conference in Connecticut in 2005 (when civil unions became legal and she first became a JP) to last year's Norwalk conference (when gay couples were permitted to marry in CT), Elise helped JPs confront their prejudices and fears on this topic. Once they did, most JPs became converts, reporting that same-sex ceremonies were the most rewarding to perform because the couples were so emotional and appreciative. Elise was scheduled to speak this year at the Weston CT conference on Nov. 7. She died unexpectedly on Nov. 4. She leaves a son, David Wemhoener, and her partner, David Bedell, a Stamford JP. More about Elise is on her organization's website teachersagainstprejudice.org. We will miss her.

Beryl Weinstein
Another enthusiastic JP conference speaker, Beryl Weinstein became a JP in his 70s following a career in real estate and was hoping to officiate at two scheduled weddings when he died of lung cancer on November 15. He leaves two daughters, Marsha Weinstein of Tel Aviv, Israel, and Lisa Weinstein Goldberg of Mamaroneck, NY; and a grandson. His daughters write, "Dad loved being a JP -- he put his heart and soul into it and he brought joy to many couples." Beryl's talk last year was titled "Partners for Life: Officiating at Weddings of Same Sex Couples." We join his family in remembering Beryl's verve and spirit.

FindaJP.com Welcomes Maine

When Barb Amergian asked to join the Justice of the Peace Association in October, we considered long and hard before accepting her as a member. Barb is a Notary Public in the state of Maine, which abolished the position of JP in 1988 and authorized notaries to perform marriages instead. Maine now has a page on findajp.com, the first state without JPs to be represented. However, when David Marsh retires, South Carolina will have lost its last JP, having also replaced them with notaries.

Maine and NY Turn Down Marriage Equality

After a run of pro-marriage equality steps last Spring (see June newsletter), the tide recently turned the other way when Maine voters repealed a state law that would have allowed same-sex couples to wed. This week, the NY State Senate rejected a similar bill. Maine became the 31st state to turn down gay marriage by popular vote.
Citizens of the five states where gay marriage is or will soon be legal (Massachusetts, Vermont, Connecticut, Iowa and New Hampshire on Jan. 1) have not voted on the measure. In each state, the legislature or a court decision prompted the change.

Louisiana JP's 15 minutes of notoriety

Justices of the Peace don't often get such coverage. But by now everyone has heard of Louisiana JP Keith Bardwell who refused to marry an interracial couple out of concern for their potential offspring. Another JP stepped in and married the couple but that did not save JP Bardwell. As a result of the national outcry and a pending lawsuit, he resigned. Since the Supreme Court's 1967 ruling in Loving v. Virginia, "the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."

See Photos of 2009 Connecticut Conferences

If you are not listed on findaJP.com, consider joining the Justice of the Peace Association and get noticed!
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