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Benefits May 5, 2004
Mass. May Allow Out-of-State Same-Sex Marriages
May 5, 2004 (PLANSPONSOR.com) - As Massachusetts
prepares to begin issuing same-sex marriage licenses on May
17, the governor's administration may be loosening its stance
on the Massachusetts residents only policy.
Reported by Eric Hazard
Officials for Governor Mitt Romney have said out-of-state same-sex couples who want to marry in Massachusetts do not have to show documents proving that they live there or plan to move there. Thus, any couple claiming a Massachusetts address could be granted a license, because clerks would not be required to demand proof of residency, the Boston Globe is reporting.
The guidance came from Romney’s general counsel, Daniel Winslow who said at a training session for state clerks that clerks are entitled to ask for proof of residency, as long as they require it of all couples, not just same-sex couples. However, Winslow acknowledged that the governor has no plans to sanction clerks who decline to ask for documentation, because under state law a clerk merely “has to satisfy himself, by requiring affidavits or otherwise” that the couple is telling the truth. The signed marriage application, which includes a statement of residency, qualifies as an affidavit, Winslow said.
Winslow’s advice signals a shift in the way Romney intends to enforce a 1913 law that bars out-of-state couples from marrying here if the marriage would be void in their home state. That law was designed to uphold other states’ bans on interracial marriage.