Relationship recognition in New England

Michael Wood READ TIME: 2 MIN.

Massachusetts
Allows same-sex couples to marry, gaining all of the state rights of marriage but no federal rights. A 1913 state law prevents couples from out of state from marrying in Massachusetts if their home state explicitly bans same-sex marriage. There are only two states, Rhode Island and New Mexico, that do not currently fit that bill, and same-sex couples from those states can marry in Massachusetts without declaring any intention to move there. According to GLAD it is unclear how Massachusetts will treat couples with civil unions performed in other states.

Vermont
Allows same-sex couples to enter civil unions, with all of the state rights of marriage but no federal rights. There is no residency requirement for civil unions but a one-year residency requirement to dissolve a civil union. It is unclear how Vermont will treat lawful civil unions or same-sex marriages performed in other jurisdictions. Vermont law prohibits same-sex marriage.

Connecticut
Allows same-sex couples to enter civil unions, with all of the state rights of marriage but no federal rights. There is no residency requirement for civil unions but a one-year residency requirement to dissolve a civil union. It is unclear how Connecticut will treat lawful civil unions or same-sex marriages performed in other jurisdictions. Connecticut law prohibits same-sex marriage.

New Hampshire
Allows same-sex couples to enter civil unions, with all of the state rights of marriage but no federal rights. There is no residency requirement for civil unions but a one-year residency requirement to dissolve a civil union. New Hampshire will recognize civil unions performed in other jurisdictions, and it will treat same-sex couples who were married in other jurisdictions as if they have a civil union. New Hampshire law prohibits same-sex marriage.

Rhode Island
Does not allow same-sex couples to marry or enter civil unions. Rhode Island law does not explicitly ban same-sex marriage, and couples from Rhode Island can legally marry in Massachusetts. It is unclear what sort of recognition Rhode Island will give those marriages, although last year Attorney General Patrick Lynch wrote a legal opinion suggesting that Rhode Island should recognize them. The state Supreme Court seemed to take a different approach last month, ruling that the state could not grant a divorce to a Rhode Island couple married in Massachusetts. It is unclear how Rhode Island will treat civil unions performed in other states.

Maine
Does not allow same-sex couples to enter civil unions and explicitly bans same-sex marriage. State law also bans recognition of same-sex marriages performed in other states, although it is unclear how this applies to civil unions. Couples in Maine can register as domestic partners and gain the rights of survivorship, inheritance, and the right to make decisions for the partner in the event that he or she becomes incapacitated or in certain other circumstances.

Source: Gay and Lesbian Advocates and Defenders


by Michael Wood

Michael Wood is a contributor and Editorial Assistant for EDGE Publications.

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