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I have already issued a Marriage Lic with a 9/6 ceremony date they live
out of state. Shall I reprint on new forms and send to them?

 

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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 marriage licenses

 

 

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 licenses.

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were repealed, and new forms (a civil marriage application and a civil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.

Thanks. 
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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