How to Get a Gay Marriage Certificate

Several states have adopted civil union statutes in recent years, but Massachusetts is currently the only state that allows gay marriage. Two people of the same gender may get a marriage certificate in Massachusetts if they reside in the state or declare their intention to reside there.

Difficulty: Moderate

Instructions

Things You'll Need:

• Birth certificate or passport to prove age
• Proof of residency or documentation of intent to reside

1. Appear at any city or town hall within the Commonwealth of Massachusetts, with your partner, and request a notice of intention of marriage. In addition to providing their names, genders, dates and places of birth, occupations and addresses, both partners must disclose information on the number and statuses of previous marriages, civil unions and domestic partnerships, if any.

2. Fill out the notice of intention of marriage, pay the associated processing fee and swear before the city or town clerk that all of the information therein is true and that there is no legal impediment to the marriage. The amount of the processing fee varies, but you can call the city or town clerk where you plan to apply to learn the exact amount.

3. Complete a supplement to the notice of intention to marriage that is provided by the clerk. This supplement is forwarded to the state Registry of Vital Records and Statistics and can be made available to other governmental agencies for various legal purposes including child support enforcement. The document includes basic information such as name, address and social security number.

4. Return to the clerk's office where you filed your application after a 3-day waiting period, and receive your marriage license, which remains valid for 60 days.

5. Solemnize the marriage by having a wedding ceremony within the Commonwealth of Massachusetts within 60 days after you receive your marriage license. This ceremony must be conducted either by a clergy member or by an official such as a justice of the peace. This presiding person must be duly authorized to perform a marriage ceremony and must then transmit the license back to the clerk, who will officially register your marriage and provide your marriage certificate.

Tips & Warnings

• If you are unable to marry in Massachusetts because you do not reside there or intend to reside there, you may wish to consider a civil union or domestic partnership under the laws of one of the states that provide such an option. These states include Vermont, Connecticut and New Hampshire for civil unions and Maine, which allows gay partners to form a legal domestic partnership. Entering into such a relationship is not a hindrance to later marriage in Massachusetts, provided that the partners involved are the same individuals.
• Consider contacting Gay and Lesbian Advocates and Defenders (GLAD) at 617-426-1350 and the state attorney general's office at 617-727-2200 if you experience any obstruction or discrimination in your effort to get a gay marriage certificate.
• Do not falsify any information in the paperwork that you file when you get a marriage certificate, or you could be punished with a costly fine. Although a 1913 law has been used in some cases to try to deny marriage certificates from out-of-state gay couples, this obstacle can be overcome if the couple truthfully declares an intention to reside in Massachusetts and provides some documentation of this intention.