Same gender marriage is legal in the Commonwealth of Massachusetts. There are still legal issues to settle, so make sure you are informed about your rights and responsibilities. Here are a few answers to common questions about same gender marriage in Massachusetts, as well as some informative site links.

Do we need a marriage license?
What’s the age requirement?
Is a medical certificate required?
If we already got married in Canada (or got a civil union in Vermont), will Massachusetts recognize our relationship?
Will my marriage be valid outside of Massachusetts?
If we are married in Massachusetts, will we have the same legal rights and responsibilities as heterosexual couples?
What should I say when asked if I’m married?
Would we be entitled to file a joint tax return?
If I get married in Massachusetts, can I sponsor my same gender spouse for U.S. citizenship?
What happens if we decide to split up?
If we get married in Massachusetts, will that mean that my spouse automatically becomes the legal guardian of my children?
So where’s the best place to make it legal?

The following sites list regulations for the current laws:
www.lawlib.state.ma.us/gaymarriage.html
www.aclu.org/LesbianGayRights/LesbianGayRights.
www.state.ma.us/legis/laws/
www.state.ma.us/legis/laws/- prohibition of certain marriages  

Do we need a marriage license?
Yes.  Both people must apply in person to any city or community clerk within the state.  There is a three-day waiting period between the date of the application and the date the license is issued.  Weekends and holidays are included in the three-day period, but the day the application is made is not.  (If you apply on Friday, the license will be issued on Monday.)

What’s the age requirement?
Both people must be at least 18.  You may be required to show a birth certificate as proof.

Is a medical certificate required?
No Medical Certificate is required.

If we already got married in Canada (or got a civil union in Vermont), will Massachusetts recognize our relationship?
Yes.  Just as it would recognize opposite gender marriages from Canada, Massachusetts would consider you married and treat you as such under state law.  If you have a civil union from Vermont, Massachusetts would treat you as if you were married.

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Will my marriage be valid outside of Massachusetts?
If you go to Massachusetts and get married, you will be married. Whether federal and other state governments and private businesses will respect your marriage is a more difficult question. Businesses that already recognize same gener couples (through domestic partnerships or similar systems) almost certainly will. It’s hard to say what will happen with businesses that don’t recognize same gender couples yet. Some probably haven’t been asked and may be willing. (Click here to find out how to approach your employer.) Some will doubtless be opposed and will refuse.

Vermont, which has civil unions for same gender couples, and California, which has a comprehensive domestic partnership system that goes into effect in 2005, will likely treat your marriage as it does domestic partnerships.  The federal government has a law that says it will not. Many states will almost certainly refuse to recognize same gender marriages from Massachusetts, at least at first.  The bottom line is that this issue is headed for the courts and will take time to resolve.

While these issues are being resolved, you need to protect your relationship. For more information about medical powers of attorney, wills and other legal documents that you should consider, click here.

If we are married in Massachusetts, will we have the same legal rights and responsibilities as heterosexual couples?
It depends on whether your home state recognizes the marriage. See the question above.

What should I say when asked if I’m married?
Say that you’re married (after all, you are) on applications for jobs, credit, mortgages, insurance and medical treatment, etc. However, if you know that the agency or organization asking does not recognize same gender marriages, and especially if saying you’re married will get you some benefit, you should probably make it clear that your spouse is someone of the same gender and that you have been legally married in Massachusetts. If you don’t, you could be accused of acting improperly, and there could be consequences. This is especially true of forms from states other than Massachusetts and from the federal government, such as tax forms, Immigration and Naturalization Service (now known as Bureau of Citizenship and Immigration Services) forms, Social Security forms, etc.

You might feel you want to use your government forms to make a stand on the issue. We understand anger at not having your relationship recognized, but think long and hard about any risk you take to make a statement. Willfully breaking the law on principle may leave you in a lot of trouble.

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Would we be entitled to file a joint tax return?
No. The Internal Revenue Service will not recognize same gender marriages. Since you are required to declare your marital status, the issue becomes tricky. You don’t want to deny your marriage. The best bet would be to file as single and note on the form that you are married to a same gender partner. Talk to an accountant if you can before you file.

If I get married in Massachusetts, can I sponsor my same gender spouse for U.S. citizenship?
No.  There’s a law that says the federal government will not recognize same gender marriage, and that includes the Immigration and Naturalization Service (INS).  While this policy may be challenged in court, you could be putting your non-national partner at risk of deportation by attempting to sponsor him or her until the courts have struck this policy down or Congress has repealed it.  To tell Congress to change this discriminatory policy, click here.

What happens if we decide to split up?
The only legal way to get out of a marriage is to get a divorce.  Unfortunately, the only state that we know for sure will divorce a same gender couple is Massachusetts and Massachusetts has a one-year residency requirement.  Vermont, which recognizes civil unions, may also allow you to dissolve your Massachusetts marriage, but Vermont also has a one-year residency requirement.  That means that at least one spouse must be a resident of the state for a year prior to the divorce. To make matters more complicated, the fact that your home state might not recognize your marriage or let you get a divorce doesn’t necessarily mean you get out of the legal obligations of marriage.

The domestic partnership law going into effect in California in 2005 has an advantage over Massachusetts and Vermont in that by entering into a California domestic partnership, you agree that the California courts will have the authority to divide your assets and resolve custody and visitation disputes of any children you raise together should you decide to separate.

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If we get married in Massachusetts, will that mean that my spouse automatically becomes the legal guardian of my children?
No. Even if you were to get married to a person of the opposite gender in the U.S., your spouse would not become legal guardian of your children until you get a “step-parent” adoption.

So where’s the best place to make it legal?
This depends in large part where you want to go to have your ceremony.  A civil union in Vermont, a domestic partnership in California, or getting married in Massachusetts or Canada would convey essentially the same legal rights and responsibilities – or lack thereof depending on where you live.  There is no waiting period or blood test requirement to get a civil union in Vermont.  But there’s a one year residency requirement for divorce, which would make it difficult to get out of a civil union if you don’t live in the state.  You don’t even need to travel to California to register as domestic partners.  You merely need to file a form with the state.  California has the additional advantage of ensuring that you can easily dissolve the domestic partnership because you agree to have the California courts divide your community property and resolve any custody disputes.  California also simplifies the issue of taxes by requiring that you file individual returns.  But unfortunately, you don’t get to say you’re married if you choose a civil union or domestic partnership.

Only by going to Canada or Massachusetts can you officially get married.  Getting married in Massachusetts may one day make it slightly easier to get legal recognition of your marriage in your home state.  Both Canada and Massachusetts have one-year residency requirements should you decide to separate.  The bottom line:  if you don’t live in either of these states, there’s a lot to consider before tying the knot.

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