posted on August 12, 2004 10:40:49 AM
May be hope for California yet.
Aug. 12, 2004, 12:36PM
California court annuls nearly 4,000 same-sex marriages
Associated Press
SAN FRANCISCO -- The California Supreme Court voided all same-sex marriages sanctioned by San Francisco this year and ruled today that the city's mayor overstepped his authority by issuing licenses to gay and lesbian couples.
The court said the city violated the law when it issued the certificates, since both legislation and a voter-approved measure defined marriage as a union between a man and woman.
The justices decided with a 5-2 vote to nullify the nearly 4,000 marriages peformed between Feb. 12 and March 11, when the court halted the weddings. Their legality, Justice Joyce Kennard wrote, must wait until "the constitutionality of California laws restricting marriages to opposite-sex couples has been authoritatively resolved through judicial proceedings."
The court, however, did not resolve whether the California Constitution would permit a same-sex marriage, ruling instead on the narrow issue of whether local officials could bypass California's judicial and legislative branches.
posted on August 12, 2004 11:48:32 AM
It's about friggin time. Next thing on the list: throw the San Francisco mayor in the slammer for breaking the law.
posted on August 12, 2004 01:54:40 PM
Glad to see when the law is broken....and an elected official thinks he can take the law into his own hands....he is correctly set straight. Hopefully this will discourage others from breaking the laws too.
posted on August 12, 2004 01:57:50 PMGlad to see when the law is broken....and an elected official thinks he can take the law into his own hands....he is correctly set straight. Hopefully this will discourage others from breaking the laws too.
I can't wait to see how the Supreme Court rules on the detainees being held at Gitmo.
The person responsible for that will be set straight - no pun intended - and be held responsible for breaking the law.
Let's have a BBQ, Texas style, ROAST BUSH
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YOU CAN'T HAVE BULLSH** WITH OUT BUSH.
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We the people, in order to form a more perfect Union....
.....one Nation indivisible, With Liberty and Justice for ALL.
posted on August 13, 2004 06:49:44 AMDoes this mean that Rosie O'Donnel is not married to her girl friend.
After all the trouble she went to to fly to California, get married just to spite Bush. Now who has the last laugh.
While that may be true in the legal sense. It still does not diminish the love they share nor the love they have for their children. Rosie will continue to fight for what she believes is right. If the "marriage license" means so much to her she can move her family to Mass. where she can legally get married.
Let's have a BBQ, Texas style, ROAST BUSH
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YOU CAN'T HAVE BULLSH** WITH OUT BUSH.
------------------------------
We the people, in order to form a more perfect Union....
.....one Nation indivisible, With Liberty and Justice for ALL.
All she would have to do is get a 50.00 a week room in a rooming house as her legal address. Then she is official a citizen of the state of Massachusetts. Then she can get married there and work in California. She can have a second apartment or home in California as a secondary residence. Her primary home would be her room in Massachusetts. After all, there is no law that says you have to work in Mass, to be married there. And there is no law that says you have to have a high priced residence to live there.
This is the same thing many of the Detroit police officers and firefighters did when the city said you must maintain a legal residence in the city of Detroit. They rented a slumlord room with a Detroit street address for a cheapo rent, rarely went there. Their driver's licesne now has a legal address. They just paid the landlord the rent to keep their jobs. There is a way around it if you want it.
Twelve,
Please don't post anything stupid right now. Ellen is on and I like watching her.
Bigots are miserable people. Prevent Bigotry through Education.
“Our enemies are innovative and resourceful, and so are we! They never stop thinking about new ways to harm our country and our people, and neither do we.” ~ George W. Bush, 8/5/04
posted on August 13, 2004 08:43:12 AMAll she would have to do is get a 50.00 a week room in a rooming house as her legal address. Then she is official a citizen of the state of Massachusetts
Yeager, thanks for that tidbit of information. I was not aware of that. Based on what I read in the papers, it seemed as if you actually had to reside in Mass to be a legal resident.
I think Mass will have a population increase of 8,000 in the upcoming months if that is all it takes.
Let's have a BBQ, Texas style, ROAST BUSH
------------------------------
YOU CAN'T HAVE BULLSH** WITH OUT BUSH.
------------------------------
We the people, in order to form a more perfect Union....
.....one Nation indivisible, With Liberty and Justice for ALL.
posted on August 13, 2004 10:06:10 AM
Don't bet your ass that is true... lot harder being a "state" resident than just a city resident... just based on college requirements you need to have lived in the state for 1 year to count as residency...
But hey all those will go bye-bye in 2006 go for the move...
posted on August 13, 2004 05:45:34 PM
Twelve here are the marriage requirements for Massachusetts:
How do we get a marriage license?
Step one: Both parties need to go get a blood test. You will need to bring the results of those tests with you when you apply for the license.
Step two: Both people who are marrying must appear in person at any city or town hall and fill out the application form called a notice of intention of marriage. This form requires the following information for each party:
Name
Date of Birth
Occupation
Address of residence
Statement of Intent to Reside, if applicable
Number of previous marriages and how the last marriage ended (death or divorce)
Existence of present or former Civil Union or state-created Domestic Partnership, and dissolution status, if any
Birthplace
Full name of parents (including middle and maiden names)
Gender
Disclosure of whether applicants related by blood or marriage
Each applicant must swear before the clerk that all information in the form is true and that no legal impediment exists to the marriage. (See below for information on any impediments for non-Massachusetts couples.) Any false statement is punishable by a fine of up to $100.
Applicants must also complete a supplement to the notice of intention that is sent to the state Registry of Vital Records and Statistics. The Registry may make the information in this supplemental form, which includes each applicant’s name, residence, and social security number (or reason for not having a social security number), available to state and federal agencies for purposes of child support enforcement or other purposes required by law.
Find out where to go and what to expect in your town.
Step three: After a three-day waiting period, go back to the city or town hall where you filed your application and receive the license. The license is valid for 60 days starting from the day after you filed the notice of intention (i.e., if you file the notice of intention on May 17th, you must have your marriage solemnized by July 16th).
Step four: Have a wedding ceremony. The marriage must be solemnized by some official (like a Justice of the Peace) or member of the clergy who is authorized by the state to perform marriages. He or she will then send the license back to the clerk and your marriage will be officially registered by the state.
ACCORDING TO GOVERNOR ROMNEY ONLY (NOT REQUIRED UNDER LAW)
Proof of Massachusetts Residency.
Even though there is no residency requirement for marrying in Massachusetts, Governor Romney has made clear that clerks may not issue marriage licenses to any same-sex couples from other states. By executive fiat, city and town clerks now must satisfy themselves about where all applicants reside and where they intend to continue to reside following the marriage. See below.
Non-Massachusetts Residents
Can I get married in Massachusetts if I live in another state?
Massachusetts does not have a residency requirement for marriage, BUT one old, local law -- dating from 1913 and never the subject of any published Massachusetts court opinion (although it was mentioned in a footnote in the concurring opinion in the Goodridge case) -- says that non-residents may not marry in Massachusetts if their marriage would be “void” in their home state.
Massachusetts Governor Romney has revived this old law and is using it as a basis for instructing clerks to deny marriage licenses to same-sex couples from other states. As a result, same-sex couples from other states who wish to marry in Massachusetts should understand that clerks are being instructed to refuse them licenses.
Can I get married in Massachusetts if I live in another state but my partner resides in Massachusetts?
For dual-state couples (where one of you lives in Massachusetts and the other does not), whether and how this statute will be applied to you depends on your plans after you marry. If the out-of-state partner intends to continue living in his or her home state, then the statute will pose an obstacle. If, however, the out-of-state partner intends to reside in Massachusetts after the marriage, then the marriage license should be issued without a problem. The out-of-state partner will likely have to provide proof of this intent, such as a new driver’s license, proof of in state employment, his or her name on a new lease or mortgage, utility bills, an application for a parking permit, etc.
How will the clerks determine whether I reside in Massachusetts or elsewhere?
New marriage application forms require applicants to indicate that they either reside or intend to reside in Massachusetts. Evidence of residence may be satisfied by showing some type of document confirming your intentions. Alternatively, the clerk may (or may not) simply choose to rely upon your representations on the Notice of Intention. Please be aware that your signature on that document operates as a sworn affidavit signed under the pains and penalties of perjury.
There is no way to know at present which clerks, if any, will rely solely on the sworn statement and which will require one (or possibly more) piece(s) of documentary evidence. The clerks have been instructed that documentary evidence of residency may include a utility bill; bank or credit card statement; telephone listing; current voter registration; employment or business address; driver’s license; automobile registration; copy of state or federal tax return; deed, purchase or sale, or lease for residential property; or some other document that demonstrates where a person resides. If you believe that you are a Massachusetts resident (or intend to reside in Massachusetts following the marriage) but cannot satisfy the clerk that you do in fact qualify to marry, GLAD recommends moving on to another clerk’s office. If you believe the clerk is refusing to accept valid proof of residency because you are a same-sex couple, after you have had your marriage processed and solemnized elsewhere, please let GLAD know so that we can respond accordingly.
What if I am a resident of more than one state?
Governor Romney has instructed clerks that persons with more than one residence may decide which residence to write on the Notice of Intention.... A person’s declaration of residency may have unintended adverse effects on his or her tax liability, immigration status, probation status, or ability to run for governor, for example. In fact, we have learned that the Massachusetts Department of Revenue will be looking closely at the tax obligations of those who claim Massachusetts residency. Moreover, if you elect to declare Massachusetts as your residence and you do not have a legally supportable basis for doing so, you may run the risk that your license will be challenged for fraud. As noted above, acquiring your license under false pretenses, even if done inadvertently, may cast a legal cloud over the validity of your marriage.
What if I do have plans to move to Massachusetts in the near future, but my current home is in another state?
Questions 6A and 14A on the Notice of Intention ask: “If not a Massachusetts resident, I intend to reside in: _____.” If you have a present intention to establish a new home or residence in Massachusetts in the near future and can satisfy the clerk that your intent to reside in Massachusetts is genuine, the clerk should grant you a marriage license. A clerk may satisfy himself or herself about where a person intends to reside by examining some type of confirmatory documentary proof or by accepting your sworn statement of intention. The clerks have been instructed that applicants can satisfy the “intends to reside” requirement even if a specific address or town has not been selected. For example, if you have been admitted to a Massachusetts school and you and your partner intend to reside in Massachusetts in the fall, the clerk should conclude that you intend to reside in Massachusetts. A vague intent to someday have a residence in Massachusetts is insufficient. If a clerk refuses to accept your sworn statement, you should try another clerk’s office and let GLAD know of the difficulty you encountered. On a cautionary note, your marriage may be subject to challenge if you indicate an intent to reside in Massachusetts, obtain a license on that basis, and never follow through on your stated intentions.
How do I become a Massachusetts resident?
There is no hard and fast rule about how one becomes a Massachusetts resident. The Massachusetts Citizen Information Service states, “There is no formal procedure for establishing a legal residence in Massachusetts. Voter registration, automobile registration, a driver’s license, the appearance of a person’s name on a city or town street list, and rent, utility, mortgage or telephone bills normally provide tangible proof of residence. However, individual public or private agencies or institutions may have their own requirements for proof of residence.”
The bottom line is that for purposes of the marriage licensing statutes, the parties must reside here and intend to continue residing here indefinitely.
What if I got married in Canada?
Governor Romney has expressly instructed clerks that a couple who is already married cannot get married again unless that marriage has been terminated by death, divorce, or annulment. Getting married in Canada means you are legally married no matter where you go. As a legal matter, Massachusetts should respect you as married for all purposes. As a result, there is no reason for an already validly married couple to marry again, and, in fact, there might be reasons not to, as explained below. If you were married in Canada and are seeking to marry a different person in Massachusetts, you must obtain a divorce before you will be eligible to do so.
Should you feel a need to try to marry the same person again in Massachusetts, nothing in the law expressly prevents you from doing so. As a practical matter, clerks may not process your application in light of Governor Romney’s instructions. The forms you must fill out to apply for a marriage license require you to state if you have previously been married, and if so, how that marriage ended (i.e., divorce or death). Consequently, the general practice of clerks has been not to allow already-married couples to complete the legal paperwork to renew their vows, regardless of any ceremony a couple might have.
Let's have a BBQ, Texas style, ROAST BUSH
------------------------------
YOU CAN'T HAVE BULLSH** WITH OUT BUSH.
------------------------------
We the people, in order to form a more perfect Union....
.....one Nation indivisible, With Liberty and Justice for ALL.
Prevent Bigotry through Education.