Judge Orders "Marriage Without Delay"
When we started to make our travel arrangements, we had to begin by researching the laws in the jurisdiction we had chosen for our wedding. The State of Massachusetts has a 3-Day Waiting Period between making application for a marriage license and issuing the official license, and we were one day short with the plans we had made.
The 3-Day Waiting Period is actually a brilliant compromise that was brought about by marriage equality. In the decades following the Civil War, there was growing concern that Southern couples of "mixed race" would come to Massachusetts to get married, then expecting their marriages to be recognized and respected when they return home to The South. In 1913 a law was passed stating that you could not receive a Marriage License in Massachusetts if the marriage would not be recognized in your home state.
This law sat "gathering dust" from 1913 until 2004, unenforced and forgotten. But when Marriage Equality started becoming a reality in Massachusetts, Mitt Romney revived the law to "prevent Massachusetts from becoming the Las Vegas of Gay Marriage". Fortunately that was near the end of his only term as Governor, and his successor Gov. Deval Patrick signed legislation to repeal the law in 2008 (passed by a vote of 119 to 36).
A New York Times article from 7/16/2008 tells the story of the repeal of the 1913 Marriage Law, quoting residents and business owners who were hopeful about the economic benefit that the new marriage equality would bring during the hard times at the end of the Bush era. In our request for an "Order for Marriage Without Delay", we explained that our wedding party would consist of 24 guests who would be celebrating and spending the weekend in downtown Northampton.
So the 3-Day Waiting Period replaced the Residency Requirement and became the law of the land. But now that the law protected us, we had to see the judge to see about granting an exception!
So the 3-Day Waiting Period replaced the Residency Requirement and became the law of the land. But now that the law protected us, we had to see the judge to see about granting an exception!
The hallway at Hampshire County Family and Probate Court was packed with cases and people waiting their turn, but the judge agreed to see us right away between other cases. We were sworn in, and she asked us a couple of questions --
And then with a big smile she said "The State of Massachusetts welcomes you for your wedding party, and it is my pleasure to order your Marriage Without Delay!"
- Any reason we should not get married?
- Any previous marriages or domestic partnerships to resolve?
And then with a big smile she said "The State of Massachusetts welcomes you for your wedding party, and it is my pleasure to order your Marriage Without Delay!"
Our process with the court was a very emotional part of our pre-marriage arrangements. Spending a few minutes in the hallway of a Family and Probate Court can give a chaotic view of the broadest cross-section of mankind. Having a case that was cause for celebration made each member of the court take a minute to smile and congratulate us.
In talking with Mark Ames, Registrar for Hampshire County, we asked him if "going paperless" was a big challenge for their office. With his answer, he gave us an interesting perspective on the task they face. He explained that in the 1600's, judges "rode a circuit" on horseback and they carried all the county records with them as they made their rounds. That became impractical, because sometimes questions of property, marriage, birth, death and taxes were too urgent to wait for a traveling judge to produce and record whatever documentation was necessary. The solution was to create an official County Registrar, and a Hall of Records for safekeeping and "quick access" of important public documents.
There are almost 350 years of documents in the rich history of this region, with the oldest and most fragile quietly fading away. He said that keeping up with current court business compounds the difficulty in allocating time and resources to scan even a fraction of their archives. These records need to be available to families tracing their ancestors, researchers re-constructing neighborhoods, interactions and motives by correlating property records to family stories, sworn testimonies, court dockets, etc.
And now, 350 years later, our marriage is included in the current layer of the archive that goes back to Pilgrims and Puritans, Awakenings and Revivals, and now Marriage Equality -- from the earliest days and records of the colonies that became our country to our wedding celebration in 2012!
In talking with Mark Ames, Registrar for Hampshire County, we asked him if "going paperless" was a big challenge for their office. With his answer, he gave us an interesting perspective on the task they face. He explained that in the 1600's, judges "rode a circuit" on horseback and they carried all the county records with them as they made their rounds. That became impractical, because sometimes questions of property, marriage, birth, death and taxes were too urgent to wait for a traveling judge to produce and record whatever documentation was necessary. The solution was to create an official County Registrar, and a Hall of Records for safekeeping and "quick access" of important public documents.
There are almost 350 years of documents in the rich history of this region, with the oldest and most fragile quietly fading away. He said that keeping up with current court business compounds the difficulty in allocating time and resources to scan even a fraction of their archives. These records need to be available to families tracing their ancestors, researchers re-constructing neighborhoods, interactions and motives by correlating property records to family stories, sworn testimonies, court dockets, etc.
And now, 350 years later, our marriage is included in the current layer of the archive that goes back to Pilgrims and Puritans, Awakenings and Revivals, and now Marriage Equality -- from the earliest days and records of the colonies that became our country to our wedding celebration in 2012!
~ And the court's reply ~
We would be happy to accommodate you and your future spouse
on Wednesday, November 28 regarding your marriage without delay.
Congratulations on your upcoming nuptials, and we are happy
to play a small part in this momentous occasion.
We would be happy to accommodate you and your future spouse
on Wednesday, November 28 regarding your marriage without delay.
Congratulations on your upcoming nuptials, and we are happy
to play a small part in this momentous occasion.