VT, NH & ME Consider Equal Marriage Rights Legislation

From the AP at Bay Windows on January 16, 2009.

According to a report by the Associated Press, and published by , State Sen. Dennis Damon (D-Trenton) said he is introducing a bill to rewrite Maine’s existing statute that defines marriage as between one man and one woman, instead defining it as a union between two people. In addition, it recognizes gay marriages from other states.

"Currently there is discrimination. Heterosexual couples who have decided to spend their lives together are treated differently than same-sex couples who have ... that same commitment to each other," Damon said. "I don’t see the fairness of that. I don’t see the need for that, and this bill will put an end to that."

Maine currently has a domestic partnership registry that’s open to same-sex couples. But that’s not enough for gay marriage supporters. Damon says it’s time to "fully end discrimination in Maine."

In New Hampshire, a bill has been submitted to the legislature to replace the term "civil union" with "marriage" in the state's 1-year-old civil union law. Vermont, the first state in the nation to permanently establish civil unions is now also likely to consider a gay marriage, or marriage equality, bill.

Currently, full same-sex marriage rights are recognized in only Massachusetts and Connecticut. New Jersey, California, New Hampshire, and Vermont currently have civil union statutes.

Changing Your Legal Documents to Reflect Your Sex: Part 5 of 5

Part 5 of 5: Obtaining a New Massachusetts Driver's License.

For a relatively nominal fee of $15.00, an individual can request that the Registry of Motor Vehicles issue a new driver's license which reflects their appropriate name and sex designation. It should be noted that an individual need not change his or her name in order to change their sex designation.

Name: The applicant must go in person to the local Registry of Motor Vehicles to request a change of name on their license (a list of local Registry branches can be found here). The applicant must present the clerk with (a) old license, (b) paperwork certifying your new name, and (c) the new name, as found on the individuals social security card.

Sex Designation: In order for an individual to change the sex designation on his or her license, he or she must provide the following (a) a notarized physician's statement indicating completion of sex reassignment surgery, (b) paperwork certifying your new name, and (c) an amended birth certificate.

It might be helpful to review the Massachusetts RMV's Application for Change of Information prior to going into your local branch. For additional help, information and support, visit the Massachusetts Transgender Political Coalition website.

Connecticut Considers Transgender Antidiscrimination Protections

The Hartford Courant reported today that Connecticut legislators will introduce a Transgender Anti-discrimination Bill sometime during this legislative session. The proposed bill would seek to prevent discrimination on the basis of one's gender expression or identity.

As the Courant points out, Connecticut has long prohibited discrimination based on gender and sexual orientation, and was one of the first states in the Nation to outlaw bias against gays and lesbians. Still, similar bills have been proposed and failed in Connecticut over the last several years, the most recent one in 2007. According to the article:

The proposal would extend those protections to people whose appearance doesn't mesh with gender stereotypes, such as women who favor traditionally "masculine" clothing or hairstyles, or men who appear effeminate.Such individuals would be protected even if they don't view themselves as transgendered.

The term transgender covers a wide variety of people, including: transsexuals, who physically alter their gender through surgery or other means; cross-dressers; and intersex individuals who are born with ambiguous genitalia.

The organization Love Makes a Family has long been a key part of the coalition behind the gender identity bill. "This is something that's been a priority for our organization for several years now," said Carol Buckheit, associate director of Love Makes a Family. "Certainly, we're going to redouble our efforts in support of this legislation."

The article can be read in its entirety by clicking here.

Changing Your Legal Documents to Match Your Sex: Part 4 or 5

Part 4 of 5: Obtaining an Amended Birth Certificate in Massachusetts.

After an individual has completed sex reassignment surgery, and has had his or her name legally changed in the Probate Court, he or she may apply to have his or her birth record amended to reflect the newly-acquired sex and name.

Name: The applicant must submit to the appropriate clerk a certified copy of the legal name change court order.

Sex Designation: The applicant must then provide to the clerk with an original notarized statement indicating completion of sex reassignment surgery. It is important that the physician use the words "completed sex reassignment surgery" with regard to your surgery, not merely that s/he "performed" surgery.

Fee: According to Massachusetts Registry of Vital Records official website, "The fee for amending a record at the Registry is $50.00. Before you come in to the Registry offices for an amendment or correction, you must speak with a Registry representative first. That way, when you come in, you will be prepared with the necessary evidence or paperwork that will allow the correction to be made. Call: (617) 740-2603 or email: vital.regulation@state.ma.us

Registry of Vital Records
150 Mount Vernon St.
1st Floor
Dorchester, MA 02125-3105

Vaughn-Martel Law Has Moved!

Vaughn-Martel Law has moved its offices to a new address in the heart of Boston's South End neighborhood:

530 Tremont Street
Boston, MA 02116
617-357-4898 Tel.
617-357-4899 Fax.
866-606-4188 Toll-free
E-mail attyvm@vaughnmartel.com
Web www.vaughnmartel.com

Vaughn-Martel Law was founded as the Law Office of Christopher Vaughn-Martel in 2006, and continues to serve individuals, families, and small businesses throughout Massachusetts.

For contact information, maps, and directions, click HERE.

California Supreme Court Agrees to Hear Proposition 8 Challenge

On Wednesday, the California Supreme Court agreed to hear three legal challenges to Proposition 8, according to the AP.

Proposition 8, the ballot initiative which amended the California Constitution to limit civil marriage to opposite-sex couples, passed on election day with the support of 52% of California voters amended the California Constitution.

All three cases argue that Proposition 8 violated the fundamental civil rights of a vulnerable minority group.

A copy of the order granting review of petitioners' cases can be viewed here: http://www.courtinfo.ca.gov/courts/supreme/highprofile/documents/S168047_S168066_S168078-11-19-08_ORDER.pdf

California Voters Approve Proposition 8: Same-Sex Marriage Rights Revoked

Election Day, November 5, 2008: Proposition 8, which limits marriage in California to heterosexual couples, passed Tuesday with 52 per cent support, only 5 months after the California Supreme Court legalized same-sex marriage last earlier this year.

Since the Supreme Court recognized same-sex marriage in June, it is estimated that more than 18,000 same-sex couples obtained marriage licenses. Although the California Attorney General will recognize those marriages which tool place between June and November, their legal status is far from settled. What is clear is that same-sex couples will no longer be able to obtain a marriage license in the state of California.

Many commentators have suggested that the California Amendment is singularly unique, in that it strips away the fundamental civil rights of a minority group by a vote of the majority electorate.

Three lawsuits have already been filed in the state of California to challenge the Amendment on procedural grounds. Any challenge to the substance of the Amendment is likely to fail before the California Supreme Court, which is bound to interpret the Constitution as written. However, there is a chance that one or more lawsuits on the issue of same-sex marriage rights will make it's way before the United State Supreme Court.

It's likely that same-sex marriages which were granted in California between the months of June and November, when the Amendment was approved, will be recognized in other states that either grant or honor same-sex marriages, like Massachusetts, Connecticut, and New York.

Changing Your Legal Documents to Match Your Sex: Part 3 of 5

Part 3 of 5: Name Change in the Massachusetts Probate Courts.

Changing one's legal name in Massachusetts is designed to be a fairly easy and straightforward process. Under Massachusetts law, a name change "shall be freely granted unless such change is inconsistent with public interest". Massachusetts General Laws Chapter 210 Sec. 12. All paperwork and fees should be submitted in the Probate Court in the county where you currently reside.

1. Obtain, prepare and submit a Change of Name Petition (CJP-27). This form can be downloaded and printed directly from the Probate Court website, or by requesting one from a clerk of the Probate Court;

2. Submit a copy of birth certificate or naturalization papers;

3. Pay a court filing fee of $165.00;

4. Publish a notice of name change in the local newspaper.

Each county probate court maintains its own specific procedures, so it is important to check with the court clerk before sending in any paperwork.

The Court is under no obligation to investigate or inquire into the motive or reasons that prompts one to change his or her name, so long as the name change is not for an unlawful, fraudulent or dishonest purpose. Assuming that no person files an objection to your petition and the court finds no reason to refuse it, the name change will be approved without a court hearing.

Once approved by the court, it is important to request at least four (4) certified copies. You will need certified copies in order to amend your birth certificate, obtain a new license, etc. Generally, an ordinary copy will suffice for things like checking and savings accounts, shopping clubs, and credit card accounts.

A list of the probate courts in Massachusetts, together with contact and other helpful information, can be found here.

Connecticut Recognizes Right of Same-Sex Marriage

On Friday, October 10, 2008, the Connecticut Supreme Court held in the case of Kerrigan & Mock v. Dep't of Public Health, that same-sex couples have the right under Connecticut state law to enter into marriage.

The Supreme Court decision overturns the ruling of a lower court which had held that state-sanctioned civil unions offered the same rights and benefits to same-sex couples. The decision of the Supreme Court, Connecticut's highest court, cannot be appealed, and will go into effect on October 28, 2008.

By way of history, the Connecticut legislature enacted a statute in 2005 creating civil unions similar to those created in Vermont, New Hampshire and New Jersey. In 2007, when a similar bill came before the legislature which would provide full marriage equality, the legislature tabled it. Meanwhile, eight same-sex couples had brought a lawsuit against the State of Connecticut after each had attempted to apply for a marriage license in the town of Madison, and was denied. The plaintiffs argued that civil unions were constitutionally inadequate, and provided for the unequal treatment of gay and lesbian citizens.

Justice Richard Palmer, who wrote the majority opinion for the court, wrote that the "segregation of heterosexual and homosexual couples into separate institutions constitutes a cognizable harm," in light of "the history of pernicious discrimination faced by gay men and lesbians, and because the institution of marriage carries with it a status and significance that the newly created classification of civil unions does not embody."

Connecticut is now the third state in the nation to recognize the right of same-sex couples to marry, following Massachusetts in 2004 and California in May of 2008. Just like the states of Massachusetts and California, the Connecticut decision only allows gay couples the state benefits of marriage. The Defense of Marriage Act, which was passed in 1996, continues to deny gay couples federal recognition of their marriages, including rights and benefits in connection with Social Security, taxation, immigration and others.

To read the opinion of the justices of the Connecticut Supreme Court in Kerrigan & Mock v. Dep't of Public Health, click here.

To view an interactive map of states that permit civil unions and same-sex marriage, click here.

The above photograph is credited to Shana Sureck for The New York Times.

Changing Your Legal Documents to Match Your Sex: Part 2 of 5

A passport is an essential legal document for every citizen. Without it, an individual will be unable to travel outside of the United States, including to Canada and Mexico.

Part 2 of 5: Passports. Because passports are issued by the federal government, the procedure to obtain a new United States passport that accurately reflects one's name and sex designation is uniform regardless of your state of residence.

To obtain a passport for the first time, an individual must go in person to one of the more than 9,000 passport acceptance facilities located throughout the United States. In order to locate a passport acceptance facility nearest to you, click here. You will need two photographs of yourself, proof of U.S. citizenship, and a valid form of photo identification such as a driver’s license.

In order to effectuate a change of name and sex designation on a passport, a person must obtain and fill out the appropriate form from the United States Department of State website. If it has been less than one year since a current passport was issued, a person can request a new passport free-of-charge by filling out Form DS-5504. If it has been over a year since a current passport was issued, a person must fill out Form DS-82 and pay a $67.00 fee.

In order to obtain a change of name on a passport, an applicant must enclose a certified copy of the court decree granting the name change. For a change of sex designation on your passport, an applicant must enclose a certified copy of his or her new birth certificate, reflecting the change of sex. Certified birth records can be obtained by filling out a Request Form and sending it to the Registry of Vital Records and Statistics.

For further information, visit http://travel.state.gov or visit the National Passport Information Center.