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Q&A: Gay marriage in Massachusetts

By Associated Press
Published May 17, 2004

When will gay couples be allowed to marry?

City and town clerks will be allowed to begin accepting "Notice of Intention of Marriage" forms from gay couples today. Gay couples must receive a court waiver if they intend to marry immediately because of the state's three-day waiting period.

How does the waiting-period waiver process work?

After filing a "Notice of Intention of Marriage" form, a couple would get a waiver from a judge at a probate or district court. With the waiver, the couple can immediately get the marriage license at the city or town clerk's office where the "Notice of Intention of Marriage" form was filed.

Which gay couples will be allowed to marry?

In-state couples, couples that include at least one Massachusetts resident and out-of-state couples who have an immediate intention to live in Massachusetts.

Are there separate forms for same-sex and opposite-sex couples?

No.

Can someone who entered a civil union or domestic partnership in another state be married in Massachusetts to another person?

Domestic partnerships and civil unions are not legal impediments to marriage in Massachusetts, if the couple otherwise meets the requirements.

Does a clerk need to see written proof of residence or intent to live in Massachusetts before issuing a license?

The law states a clerk may be satisfied of the residency by written documentation, such as a phone bill or driver's license, or through an affidavit of the applicants.

If a person does not have to be a resident of Massachusetts to get married here, why should clerks ask for residence and intended residence?

State law says couples cannot be married in Massachusetts if such a marriage would be void in the state in which they live. No other state recognizes gay marriages.

- Source: Gov. Mitt Romney's office and Cambridge city officials.

[Last modified May 16, 2004, 23:15:20]


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