Thank you for the clarifications. This is a big help.
Cassandra J. Barbeau
Assistant Town Clerk
Bennington, VT 05201
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From: Vermont Municipal Government Discussion Network
[mailto:[log in to unmask]]On Behalf Of Cummings, Patrick
Sent: Tuesday, August 04, 2009 10:53 AM
To: [log in to unmask]
Subject: Message from VT Dept. of Health clarifying procedures for issuing
For all Town Clerks who issue marriage licenses, please read carefully.
There were a number of calls yesterday to the Vermont Department of Health,
Secretary of State's Office, and Legislative Council with questions
regarding the issuance of a civil marriage license prior to September 1st.
This announcement is to clarify the procedures and responsibilities for
issuance of any marriage licenses between now and September 1st. Please
share this information with your staff responsible for issuing marriage
FOR MARRIAGES THAT WILL OCCUR PRIOR TO SEPTEMBER 1st
1) For opposite sex couples who plan to marry before September 1st, provide
the current Application for Vermont License of Marriage.
2) Upon receipt of the completed application, the Vermont License and
Certificate of Marriage (DH-PHS-OCT-99) must be completed to show that the
license is valid only until August 31st, 2009. This can be done by
completing item 16d. in the Certification section to read as: "This license
is valid from [current date] to August 31, 2009. "
3) Note: same sex couples cannot be issued a marriage license for a
marriage that will occur prior to September 1st, 2009.
FOR MARRIAGES THAT WILL OCCUR ON or AFTER SEPTEMBER 1st
All Vermont marriages that occur on or after September 1st, 2009 fall under
the new civil marriage law which pertains to same sex and opposite sex
couples as many of the existing marriage statutes were amended, some were
repealed, and new forms (a civil marriage application and a civil marriage
license) were created.
We have consulted with the Attorney General's Office and have revised
guidance for processing the civil marriage applications and issuing the
civil marriage licenses to all couples.
1) Any applicants planning to marry on or after September 1st, 2009 may
obtain an Application for Vermont License of Civil Marriage
(DH-PHS-MARAPP-2009) during your normal business hours.
2) For both same-sex and opposite-sex applicants, a Vermont License and
Certificate of Civil Marriage (DH-PHS-MARLIC-2009) can be issued after the
applicants have completed the application form. Even though the civil
marriage law does not go into effect until September 1st, 2009, the license
can be issued and signed prior to September 1st. (But, the license will not
be valid until September 1st. See item #3)
3) The civil marriage license must be completed to show that the license is
valid starting September 1st. This can be done by completing Box #17d in the
Certification section, to read as, "This license is valid from September 1,
2009 to _______." (NOTE: The last day for validity would be calculated
based on 60 days from issuance of the license.)
Signature and date by the town clerk of the license prior to September 1st,
2009, is not a legal concern since the license would state that it is only
valid starting September 1st. However, please be sure that you have written
in the September 1, 2009 date.
If you have additional questions, please contact Linda Merchant, Supervisor
of Vital Records Registration, at 863-7275 or 1-800-439-5008 and we'll
continue to obtain new guidance from the AG's Office, as needed.
Richard H. McCoy
Public Health Statistics Chief
Vermont Department of Health
108 Cherry St., PO Box 70
Burlington, VT 05402-0070
Phone: (802) 651-1862
Fax: (802) 865-7701
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