Does Massachusetts allow same-sex marriage?

Does Massachusetts allow same-sex marriage?

In Massachusetts, same-sex couples can now marry. Yes! As of July 31, 2008, out-of-state couples were permitted to marry in Massachusetts. Governor Deval Patrick signed legislation to abolish a 1913 statute that prohibited couples from marrying in Massachusetts if their marriage was not recognized in their home state. The law takes effect October 21, 2008.

The Massachusetts Supreme Judicial Court announced its decision on March 24, 2008. It found that the state's ban on same-sex marriage violates the state constitution's guarantee of equal protection under the law. The court ordered that marriage licenses must be issued to any couple before it who are entitled to marry under the law.

Same-sex marriages began on June 25, 2008. Out-of-state couples accounted for most of those married in Massachussetts - nearly half of all weddings took place outside of Massachusetts with many couples traveling from New York, Connecticut, and Rhode Island.

Gay marriage is legal in Massachusetts but only for residents and tourists. If you're not from Massachusetts you're still excluded from getting married here (unless you can find someone to marry you out-of-state). There have been some attempts to get gay marriage legalized through the legislative process but they've all failed so far.

In the United States, only Vermont permits same-sex marriage. All other states forbid it.

Can a same-sex couple get married in Massachusetts?

No, not at all. Yes, same-sex couples can get married in Massachusetts. One of the most crucial aspects of wedding preparation is deciding who will perform the ceremony. In Massachusetts, there are three (3) major types of persons that can lawfully solemnize a marriage: a priest or minister of a religious organization, a rabbi, and a layperson who has been ordained as a minister by another clergy person or religious organization. A same-sex couple could select any one of these individuals to conduct their ceremony.

The first thing you need to know about gay marriages in Massachusetts is that they are not allowed. The state's highest court ruled in 2003 that banning gay marriage was unconstitutional, but the law still stands today. Gay marriages performed outside of Massachusetts would not be recognized as valid by the state government.

Even if gay marriage were allowed in Massachusetts, it wouldn't apply to any marriages that took place before the ruling. Therefore, any such marriages would be invalid according to state law. The only way for a same-sex couple to be legally married in Massachusetts today is through a marriage abroad or in another state that allows it.

In the wake of the Supreme Court's decision in Obergefell v. Hodges, which found bans on same-sex marriage to be unconstitutional, many people asked whether gay couples could now marry in Massachusetts. The short answer is no.

Does Massachusetts recognize common-law marriages?

Massachusetts does not recognize common law marriage unless the couple was legally married in another state. In other words, the only option to get a common-law marriage in Massachusetts is to live outside the state. However, if one spouse travels to another state and gets married there, that marriage will be recognized in Massachusetts.

The only way for a common-law marriage to be valid in Massachusetts is if at some point both parties file a joint tax return as husband and wife. The court will not recognize any relationship beyond what can be proven on paper.

Common-law marriages are available in several states including California, Maryland, Michigan, New York, North Carolina, Ohio, Pennsylvania, Virginia, and Wisconsin.

In the majority of states, you cannot simply decide to declare your marriage legal even if it is not recognized by law or society. You must also agree on all matters of financial responsibility, ownership of property, and decision-making for those who are unable to make their own decisions.

You should know that even if your common-law marriage is valid in your home state, this does not necessarily mean it is valid everywhere else. Some states may have laws prohibiting marriages where at least one party is not a legal resident of the state.

About Article Author

Donna Vellekamp

Donna Vellekamp has been working with couples for over 14 years and has helped countless people through the ups and downs of their romantic partnerships. She helps her clients get out of unhealthy cycles or patterns in their relationships by teaching them how to create healthier ones together. Donna also teaches them how to take care of themselves outside of the relationship so they can have more energy for it.

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