Gay & Lesbian Advocates & Defenders

Massachusetts Marriage Procedures

Some Out-of-State Couples May Not Marry

The former Governor of Massachusetts dusted off a previously unenforced law enacted in 1913 in order to exclude same-sex couples from the other 49 states from obtaining marriage licenses in Massachusetts. As a result, town clerks have been instructed to refuse licenses to same-sex couples from states that expressly prohibit those couples from marrying at home. Learn more about this discriminatory roadblock for out-of-state, same-sex couples before making any plans to marry in Massachusetts.

The state's application of this law is discriminotry and GLAD's challenge to it led to the opening of marriage in Massachusetts for some couples from other states. In September, 2006, a Massachusetts court ruled that Rhode Island couples could marry in Massachusetts. Read about GLAD's case.

City and town clerks may allow you to prove your state of residency by accepting your sworn statement or, at the clerk’s option, requesting one or more pieces of documentary proof. Learn more about proof of residency.

DO NOT PRETEND TO BE A MASSACHUSETTS RESIDENT IF YOU ARE NOT!
Obtaining a license under false pretenses will place an unnecessary legal cloud over your marriage. Learn more about the risks of marriage under false pretenses.

If you are a non-Massachusetts couple who married in Massachusetts with questions about the legal status of your marriage, see GLAD's publication Legal Issues for Non-Massachusetts Same-Sex Couples Who Married in Massachusetts.

You may marry the same person with whom you have an existing civil union or domestic partnership.

Although the new marriage forms request information about any civil union or state-wide domestic partnership you may have entered in the past, the clerks will not deny you a marriage license on that basis. Learn more.

Waiting Period Waivers

On May 10, 2004, the Chief Justice of the District Court issued a Memorandum concerning the procedures for obtaining a waiver of the 3-day waiting period for a marriage license. Read the Memorandum [PDF].

New Marriage Application Forms and Instruction to Town Clerks

On May 4, 2004, the State held its first information session for city and town clerks, outlining the process for implementing the Goodridge decision and giving instructions for how to use the new marriage application forms.

To the extent the State's instructions on residency are instructive, we share here the State's instructions to the Town Clerks and the new marriage application forms.

'Freedom to Marry Rings' image upper right © H. Mitchell.

Gay & Lesbian Advocates & Defenders (GLAD) is New England's leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression.

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