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¿¿ CU.FAQ ??
¿¿ CU.FAQ ??
Frequently Asked Questions about Civil Unions
You may have already tackled the big questions about Civil Unions like "should we do it?" But when it comes to down to tiny details, is there something you're not sure of? We'll try to answer your questions with CU.FAQ. Send your unanswered questions to editor@mountainpridemedia.org with the subject line "CUFAQ." We'll do our best to get an answer into a future installment. (Sorry, we can't answer individual queries privately!)
I’ve heard I have to get a license in the town I live in (or the town my partner lives in, or both). Does the ceremony have to be in the town I live in, too? Can it be anywhere we want?
From the Civil Union Fact Sheet issued by the Vermont Department of Health: If both parties are Vermont residents, you may go to the town clerk in either of your towns or residence. If just one of you resides in Vermont, you must buy the license in that town.
Mark Bellville of the Health Department vital records department says the ceremony must take place in Vermont to be legal, because it is a Vermont license. However, you may hold your ceremony anywhere within the state.
Is there a standard ceremony, as with a wedding? If so, how does it read? What does it pronounce us? Can we write our own vows, and could we reference “The Goddess” in them? What has to be included in the ceremony to make it legal?
According to Keith Goslant, a Justice of the Peace in Plainfield, there is absolutely no restriction on what you do or say in your ceremony. As a matter of fact, the ceremony isn’t even required. All that is required is that the Justice of the Peace or minister sign your certificate. The rest is up to you.
Do we need witnesses, like at a wedding? Do they have to sign something?
The Health Department says no. Vermont law doesn’t require witnesses, but some churches do require them as part of the ceremony. So check with your clergy if you’re planning a religious ceremony.
How much does a license cost? Does it vary among towns?
The fee is set by the State. It costs $27 – $20 for the license and $7 for the certified copy you’ll get later.
How much will a Justice of the Peace charge? Does the state set a fee for this service, or should I shop around?
Keith Goslant says that the Secretary of State’s office offers only guidelines to JPs about fees. Generally, the range is $25 to $200, depending on the time involved in arranging the ceremony, whether there is travel involved, and so forth. Many JPs do not charge at all for the service; others ask only that their expenses be reimbursed. OITM has learned that several JPs are donating any fees and tips they receive from civil unions to the Vermont Freedom to Marry Task Force or the Vermonters for Civil Unions Action Committee. So definitely, shop around. You can find a list of JPs willing to do civil unions on OITM’s Source page.
Will we get to change our names like heterosexuals entering a marriage can? If we do, can I also change my name on my social security card and for other federal records without charge? It is very expensive to change your name otherwise; is this a benefit that I will get just like people getting married?
According to Beth Robinson, one of the attorneys who represented the plaintiffs in Baker v Vermont, Social Security and other federal records will not recognize civil unions. So if you change your name, you will not be treated as would a married heterosexual would be. The Vermont Department of Motor Vehicles treats all name changes the same, regardless of the reason. If you change your name, you are required to notify the DMV if you have a Vermont driver’s license. They will ask you to complete a form and it will be filed. The only charge to you would be if you wanted an updated license to reflect your new name. Then the usual license charges apply.
Is there a time limit before my license will expire if we don’t have our ceremony completed in time?
From the Health Department’s fact sheet: The license is valid for 60 days from the date it is issued. During that time period, you must have the union certified by an authorized person – otherwise the license is void.
Do we have to have blood tests?
According to Mark Bellville of the Health Department, there are no blood tests required for either marriage or civil unions in Vermont.
If our town doesn’t have a clerk on the day we go in for the license, who would be able to issue the license? Can a mayor or other official do it? What alternative is there for those whose town clerks will try to make things difficult?
Mark Bellville says to plan ahead. If you live in Vermont, you must get your license in the town where you or your partner reside. Make sure you know the office hours for your town clerk. Town clerks can designate an assistant or deputy to issue civil union licenses, but it is the duty of the clerk’s office. “It is the law, so a town clerk should not make it difficult,” says Bellville.
If I have problems with a town clerk or with a JP who does marriage ceremonies but refuses to do a civil union ceremony, what should I do?
The Secretary of State’s office oversees both town clerks and justices of the peace. Notify them if you have a problem. Next, call the Vermont Human Rights Commission at (800) 416-2010. They will investigate the charge of discrimination and bring a lawsuit, if necessary. This will cost you nothing.
Does civil union law have any effect on or anything to do with common-law marriage?
No – there is no common law status in Vermont.
If you have other questions about the civil union law and the procedures attached to it, we suggest looking at back issues of OITM for our coverage of the passage of the law since January 2000. The Health Department’s Fact Sheet is available by calling (800) 439-5008 or on their Web site. A complete list of town clerks is available from the Secretary of State’s office for a small charge, or on their Web site.