Non-resident gay couples.
When Massachusetts Supreme Court authorized marriage between gay couples effective May 17, the state anticipated a deluge of couples from other states where such marriage is not permitted. Up to that point, there was no residency requirement for marrying in Massachusetts, Gov. Romney nonetheless directed county clerks to verify that gay couples are residents before issuing them a license. To avoid the appearance of discrimination, clerks must ask all applicants where they live and where they intend  to live after  they are married.  
           It appears that some clerks are resisting the Governor's order. For example, the Chatham website has instructions for non-residents to obtain the proper forms as if there were no problem. 
        Gov. Romney based his directive on an old Massachusetts law predating the gay marriage decision (General Laws c. 207, § 11) stating that out of state couples who can’t marry in their home state can’t marry in Massachusetts either. If the couple lives in a state that expressly forbids same-sex marriage, it appears that  Massachusetts marriage would be illegal. "Before issuing a license to marry a person who resides and intends to continue to reside in another state, the officer having authority to issue the license shall satisfy himself, by requiring affidavits or otherwise, that such person is not prohibited from intermarrying by the laws of the jurisdiction where he or she resides."  And the number of such states is sure to increase after Election Day.
        With the status of out-of-state couples' marriages so volatile, you may wish to follow the legal repercussions on the ACLU's website. 

Waiving the 3-day Waiting Period
Q:  I perform quite a few weddings services to people who contact me from out of state.  Last year I performed at lease a dozen ceremonies for couples who obtained their licenses through one day waivers. Hingham District Court now charges $195.00, but other courts charge $65.00 What's going on? Donna Cunio, Norwell, MA
A: Anticipating an influx of out-of-staters flocking to Massachusetts wanting to speed up their weddings, the Courts decided to clarify the rules and fees for waiving the 3-day waiting period for a marriage license. First of all, both parties must file the petition if both are residents of Massachusetts or if both are non-residents. 
       Filing fees. You're right, filing fees for a waiver are still "widely divergent" despite efforts to make them consistent. The reason? Two Massachusetts courts -- the District Court and the Probate and Family Court -- may issue the waiver. All Probate Courts now charge a consistent $65 and all District Courts charge $195. The problem is that there are 62 District Courts in the state and only 14 Probate Courts (one in each county seat). So the couple may have to choose between  paying a higher fee or traveling a longer distance. Moreover, the fee is payable when the petition is filed and before the matter is presented to a judge. As it is not refundable if the petition is denied, the court  encourages the couple to confer with the municipal clerk’s office first  in case there is "an impediment to issuing a marriage license." The judge’s standard of decision on whether to grant a waiver of the 3-day waiting period is if  "in his [or her] opinion it is expedient that the intended marriage be solemnized without delay."   Acting District Court Administrator Michael J. Shea was our source for this explanation. Read the entire memorandum from Chief Justice Zoll.

Further Defense of Gay Marriages.  "Although I understand the religious opposition to same sex marriage, I don't understand why the topic has become such a civil matter. Religion has no place in civil matters.  It is not up to the president or governor to make decisions which affect law-abiding people. 
     Do all people not have the same rights?  Would a heterosexual person want to live with a person of the same sex?  If the answer to that question is No, then how can a homosexual person be expected to live with someone of the opposite sex?
     I, too, have officiated at joyous same sex marriages.  Fortunately, I live in Worcester where the City Clerk is an intelligent, clear thinking person who wants the same rights for everyone."  Elaine Baskin, Worcester, MA

"I  have performed four ceremonies thus far and have counseled with a few other couples I will marry in the near future.  Not to "generalize" but the people I have met are wonderful who have already confirmed with the number of years they have been together they have found their life long partners.
     I am a deeply religious person, God is a priority in my life.  I believe God created each of us unique and different ... we are all his children. Life long partners should to be able to protect themselves. (Also, if anyone knows an attorney that specializes in gay unions I would love to talk to them and send them business)."   Donna Cunio, Norwell, MA

     ...and testament to the joy of performing them.  I myself have only done one same sex ceremony (but I am about to do my second next month). I married a couple who had been together for thirty-six years. It was very emotional for all three of us! The kleenex had to be passed around. Ellen M. Clinton, Rockland, MA
         Being from Massachusetts, I have been enjoying not only numerous straight weddings but have been officiating at many gay/lesbian weddings. These couples are so unbelievably happy after their ceremonies are completed that it brings tears to my eyes... These are couples who work and contribute much to society; many are highly intelligent professionals.
        Last week I joined five female couples at an elegant five star hotel in Boston, arranged through an agency in California. These couples deserve the right to happiness and I'm honored that I can join their hearts in love. Just wanted to give you my take on officiating same gender ceremonies. Barbara M. Kahn, Malden, MA

Questions and Answers

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